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CIVIL GOVERNMENT 

OF 

COLORADO 

BY 

DORUS R. HATCH 

i| 


EIGHTEENTH EDITION 


PUBLISHED BY 

HERRICK BOOK &, STATIONERY CO. 
DENVER, COLORADO 
1920 





Copyrighted, 1915 

BY 

HERRICK BOOK & STATIONERY CO. 


Copyrighted, 1917 

BY 

HERRICK BOOK & STATIONERY CO. 


Copyrighted, 1920 

BY 

HERRICK BOOK & STATIONERY CO. 


MUR - I 1320 


©Cl. A 55 988 7 

SM I- 




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CONTENTS 

Chapter. Page 

I. THE STATE OF COLORADO.1 

II. THE CONSTITUTION.4 

III. PUBLIC OFFICERS.5 

IV. THE LEGISLATIVE DEPARTMENT ... 7 

V. THE EXECUTIVE DEPARTMENT .... 16 

VI. THE JUDICIAL DEPARTMENT . . . .26 

VII. THE COUNTY.34 

VIII. THE SCHOOL DISTRICT.39 

IX. TOWNS AND CITIES.42 

X. STATE INSTITUTIONS.45 

XI. ELECTIONS.49 

XII. REVENUE .54 

XIII. PUBLIC INDEBTEDNESS 56 

DEFINITIONS.58 

INDEX.62 















Preface to the Eighteenth Edition 


T HIS work aims to give the principal facts of the 
machinery of our State Government. The desire 
has been to be comprehensive, reliable and brief. 
Since its first publication in 1892 it has been revised 
whenever important changes have been made either in 
the laws or in the Constitution. The present edition, 
the eighteenth, includes changes made up to August, 
1919. 

In the work of revision great care has been taken 
to have all statements in harmony with the facts at 
this date, but the publishers will be grateful to have 
pointed out to them any errors which may have crept 
into the text. 

It is recommended that all copies of former edi¬ 
tions now in use be replaced by the present edition, 
as many statements found in the previous editions are 
necessarily incorrect at this time and it is important 
that all texts of this character in use be as authorita¬ 
tive as possible. 

The Herrick Book and Stationery Co. 

Publishers 


Denver, 1920. 



CHAPTER 1. 


THE STATE OF COLORADO. 

Boundaries.—The State of Colorado includes the 
territory lying between the thirty-seventh and forty- 
first parallels of north latitude, and the twenty-fifth 
and thirty-second degrees of longitude west from 
Washington. Longitude is not now reckoned from 
Washington and meridians 102 and 109 west from 
Greenwich are usually given as the east and west 
boundaries of Colorado. The marked boundary lines 
are some miles west of these meridians. 

Acquisition.—This territory was acquired by the 
United States in three parcels. The north-eastern 
portion was a part of the Louisiana purchase from 
France in 1803. At that time its limits were not exactly 
defined. By the treaty of 1819 with Spain, the 
boundary between the United States and the Spanish 
possessions was described as “following the course of 

the southern bank of the Arkansas to its source-. 

-from the said source due south or north, as the 

case may be, till it meets the said parallel of latitude, 
42°”. This defines the portion of Colorado acquired 
from France as that part lying north of the Arkansas 
River and east of that river and the meridian of its 
source. 

When Texas was admitted into the Union in 1845, 
her territory was described as follows:—“All the 
land lying east of the Rio Grande and embraced with¬ 
in the limits of the Rio Grande on the west and south 
and the boundary between the United States and Spain 
under the Florida treaty of 1819, on the east.” 

In 1850 Texas sold to the United States all her 
territory outside her present limits. This included that 
portion of Colorado which is bounded on the north and 




2 


CIVIL GOVERNMENT OF COLORADO. 


east by the Arkansas River and on the south-west by 
the Rio Grande. The north-western boundary of this 
portion was not defined. 

The rest of the State was included in the Mexican 
cession of 1848. 

History of French cession.—The part of Colorado 
acquired from France remained a part of the Territory 
of Louisiana until 1812. Upon the admission of the 
State of Louisiana in that year, the remainder of the 
Louisiana purchase received the name of Missouri Ter¬ 
ritory. After the admission of the State of Missouri 
in 1821, what remained of the territory was still for 
many years known as Missouri. That part of the 
French cession now included in Colorado became parts 
of the territories of Kansas and Nebraska upon their 
organization in 1854. 

History of Texan and Mexican cessions.—That part 
of Colorado west of the “summit of the Rocky Moun¬ 
tains” was included in the territory of Utah, organized 
in 1850. The rest of the Texan and Mexican cessions 
became parts of New Mexico and Kansas, organized 
respectively in 1850 and 1854.* 

Territory organized.—After the increase of popu¬ 
lation following the gold excitement of 1858-9, meas¬ 
ures were taken resulting in 1861 in the organization 
of the Territory of Colorado, with the boundaries of the 
present State. 

Enabling act.—The act of Congress enabling Colo- 


•Nebraska included that part of Colorado east of the summit 
of the Rocky Mountains and north of parallel forty. 

The boundary of Kansas followed the 37th parallel west to 
the 103d meridian west from Greenwich; thence north to lati¬ 
tude 38; thence west to the “summit of the Rocky Mountains”; 
thence north on said summit to parallel 40; thence east, etc. 

The boundary of New Mexico followed the 103d meridiar 
west from Greenwich north to parallel 38; thence west on that 
parallel to the summit of the Sierra Madre; thence south with 
the crest of said mountains to the 37th parallel. 



CIVIL GOVERNMENT OF COLORADO. 


3 


rado to become a State received the approval of Presi¬ 
dent Grant on March 3, 1875. 

Constitutional convention.—The convention to form 
a state constitution met in Denver, December 20, 1875, 
and adopted a constitution March 14, 1876. 

Adoption of Constitution by the people.—The Con¬ 
stitution was adopted by the people at an election held 
July 1,1876. 

Final admission.—The proclamation of President 
Grant, announcing the final admission of Colorado as a 
State, is dated August 1, 1876. 

National officers.—As a state, Colorado became 
entitled to two United States Senators, one Repre¬ 
sentative in Congress and three Presidential Electors. 
The number of representatives in Congress has been 
increased after each United States census. In the ap¬ 
portionment of representatives made by Congress 
after the census of 1910 Colorado became entitled to 
four congressmen. The General Assembly of 1913 
divided the State into four congressional districts. * 
A congressman is elected every two years by the voters 
of each congressional district. 

United States senators have always been elected 
by the General Assembly but an amendment to the 
Constitution of the United States in 1913 provided that 


♦The Congressional Districts are as follows: 

First district, the City and County of Denver; 

Second district, Adams, Arapahoe, Boulder, Cheyenne, 
Douglas, Elbert, El Paso, Kit Carson, Larimer, Lincoln, Lo¬ 
gan, Morgan, Phillips, Sedgwick, Washington, Weld and 
Yuma; 

Third district, Alamosa, Baca, Bent, Clear Creek, Conejos, 
Costilla, Crowley, Custer, Fremont, Gilpin, Huerfano, Jeffer¬ 
son, Kiowa, Las Animas, Mineral, Otero, Park, Prowers, 
Pueblo, Rio Grande, Saguache and Teller; 

Fourth district, Archuleta, Chaffee, Delta, Dolores, Eagle, 
Garfield, Grand, Gunnison, Hinsdale, Jackson, Lake, La 
Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, 
Rio Blanco, Routt, San Juan, San Miguel and Summit. 



4 


CIVIL GOVERNMENT OF COLORADO. 


they should be elected by popular vote. Senators serve 
six years. 

Presidential electors of whom there are now six 
(a number equal to the number of senators and repre¬ 
sentatives in Congress) are elected every four years 
to cast the vote of the State for president. 


CHAPTER II. 

THE CONSTITUTION. 

Object of the Constitution.—In their Constitution, 
the people of Colorado declare the rights of individuals, 
establish a government and define its powers. 

Force of the Constitution.—The people are the 
source of political power. In the Constitution of the 
United States, the people grant certain powers per¬ 
taining to the whole nation of the United States Gov¬ 
ernment and deny certain other powers to the states. 
Within these limitations the power of the people of a 
state is supreme and absolute and the state constitution 
is the supreme law. None of its provisions can be con¬ 
trary to the Constitution of the United States and no 
law passed by the legislature of a state is valid if it 
conflicts with the state constitution. 

Parts of the Constitution. The Constitution con¬ 
sisted originally of a preamble, nineteen articles and 
a schedule. A twentieth article was added in 1902, a 
twenty-first article in 1912, a twenty-second in 1914, a 
twenty-third in 1918, and many amendments have been 
made changing the provision of the several articles. 
The Constitution as printed in this book has all ad¬ 
ditions and amendments incorporated in it. Each 
article treats of a separate topic, as, the Executive De¬ 
partment, Education, Militia, etc. In the schedule 
provision was made for the transfer of the government 
from the territorial to the state form. 



CIVIL GOVERNMENT OF COLORADO. 


5 


Departments of government. —The Constitution 
provides for three departments of government; the Leg¬ 
islative, which makes the laws; the Executive, which 
carries the laws into effect; and the Judicial, which 
interprets and applies them. 

Municipal corporations. —The Constitution provides 
for the establishment of divisions of the State, to which 
the control of local and minor af fairs of government is 
given. These divisions are the county, school district, 
town and city. They receive the general name of 
municipal corporations. All the inhabitants in any one 
of these divisions are authorized to act in many respects 
as an individual. They can buy, hold and sell property, 
sue and be sued, make contracts, etc. They exercise 
such powers of government as are conferred upon them 
in the Constitution or by law. 

Powers of government, how exercised. —The powers 
of the state and municipal governments are exercised 
through officers either elected by the people or appoint¬ 
ed directly or indirectly by officers who are elected by 
the people. 


CHAPTER III. 

PUBLIC OFFICERS. 

Official oath.—An officer, before entering upon the 
duties of his office, is required to take an oath to sup¬ 
port the Constitutions of the United States and of Colo¬ 
rado, and to faithfully perform the duties of his office. 

Official bonds.—Most public officers, especially 
those who have the handling, custody or disposition of 



$ 


CIVIL GOVERNMENT OF COLORADO. 


public money, are required to furnish an official bond. 
This is a writing binding the officer and those signing 
the bond with him to pay the State or the municipality 
of which he is an officer a certain sum of money. 
Attached to this obligation is a condition that if the 
officer performs the duties of his office faithfully, pays 
over money coming into his hands and delivers the 
books, records, etc. of his office to his successor, the 
obligation shall be void. Persons signing the bond with 
him are called his bondsmen, sureties or securities. 

Qualifying.—Furnishing the bond, if any is 
required, and taking the oath, are called qualifying for 
the office. 

Contest.—The election of an officer may be con¬ 
tested, that is, disputed before a court or other tribu¬ 
nal, on the ground of ineligibility, fraud at the elec¬ 
tion, error in counting the votes, etc. 

Term of office.—The term of office of all elected 
and most appointed officers is fixed in the Constitution 
or by law. Some appointed officers hold office during 
the pleasure of the officer or board that appoints them. 
With few exceptions, officers both elected and ap¬ 
pointed hold office until their successors are chosen and 
have qualified. 

Pay of officers.—Most officers are paid fixed salaries 
out of the public treasury the amounts of which are 
fixed by law. Some are allowed certain fees in addi¬ 
tion. Some minor officers such as notaries public, con¬ 
stables and justices in the smaller precincts are paid 
entirely by fees. In some cases salaries fixed by law 
must be paid out of the fees received, and if the fees 
do not amount to the salary fixed the remainder is not 
made up to them, but if there is a surplus it is turned 
into the public treasury. 

Vacancies.—Vacancies in appointive offices are 
filled by the appointing power. In elective offices 


CIVIL GOVERNMENT OF COLORADO . 


7 


vacancies are filled by appointment by some officer 
designated by law, the appointee holding only until the 
next regular election at which such officers are voted 
for, when the vacancy is filled by election. Special 
elections are held to fill vacancies in the offices of mem¬ 
ber of the General Assembly, Representative in Con¬ 
gress and mayor of a city. A person elected to fill a 
vacancy holds office for the remainder of the unexpired 
term. 

Recall from office.—By article XXI of the Constitu¬ 
tion adopted in 1912, any elective officer may be re¬ 
called from office. This is done at an election upon a 
petition from one-fourth of the voters. A majority 
vote is necessary to recall an officer. A successor is 
elected at the same election. 

CHAPTER IV. 

THE LEGISLATIVE DEPARTMENT. 

p 

General Assembly.—The General Assembly of Colo¬ 
rado is the body of men who are elected by the people 
of the State to make the laws. It consists of a Senate 
and a House of Representatives. 

Laws are also made directly by the people by the 
Initiative which is described later in this chapter. 

Regular sessions.—The General Assembly meets in 
Denver on the first Wednesday of January of every 
odd-numbered year. The session of 1919 was the 
Twenty-second General Assembly. 

Special sessions.—When necessary, the Governor 
may call together the General Assembly or the Senate 
alone, in special or extra session. 

Quorum.—In each house a majority of the members 
makes a quorum, i. e., the number authorized to do 
business. 



8 


CIVIL. GOVERNMENT OF COLORADO. 


Journal.—Each house keeps a journal of its pro¬ 
ceedings and publishes it, except such parts as require 
secrecy. 

MEMBERS OF THE GENERAL ASSEMBLY. 

Qualifications.—To be eligible to the General 
Assembly, a person must be (1) twenty-five years of 
age, (2) a citizen of the United States, (3) a qualified 
voter and (4) a resident for twelve months preceding 
his election, of the county or district in which he is 
chosen. 

Election.—Members of the General Assembly are 
elected at the general election in even-numbered years. 

Terms.—Senators are elected for four years, Rep¬ 
resentatives for two. Their terms begin on the first 
Wednesday of December after their election. 

Privilege from arrest.—Members of the General 
Assembly cannot be arrested during their attendance 
at the sessions of their respective houses, or in going 
to and returning from the same, except for “treason, 
felony, violation of their oath of office, and breach or 
surety of the peace.’ ’ 

Freedom of speech.—“For any speech or debate in 
either house they shall not be questioned in any other 
place.’’ That is, for words spoken in debate, members 
cannot be held to answer in a court, as in an action for 
slander. 

Disqualifications.—No member of the General 
Assembly can be appointed during his term to any civil 
office under the State. 

No officer of the United States or of this State 
(except attorney-at-law, notary public or in the mili- 


CIVIL GOVERNMENT OP COLORADO. 


tia) can be a member of the General Assembly during 
his continuance in office. 

Vacancies. —When vacancies occur in either house, 
the Governor issues writs ordering special elections 
to fill them. 

Pay.—The pay of members of the General Assem¬ 
bly is $1000 for the entire term of two years. They 
also get actual traveling expenses to and from Denver. 
This amount may be changed by law but no General 
Assembly can fix the pay of its own members. 

OFFICERS OF LEGISLATIVE BODIES. 

Legislative bodies in general have: 

A presiding officer who preserves order, enforces 
the yules of the house and of parliamentary law, directs 
the business according to the order prescribed by the 
house, appoints committees, etc., 

A secretary or chief clerk, with subordinates to 
keep the records, read the bills, call the roll, etc., 

A sergeant-at-arms, who is the executive or police 
officer of the house, 

A door-keeper, with assistants to permit only cer¬ 
tain persons to pass through the doors, 

A chaplain to conduct the religious exercises, 

And pages to do errands for members and officers. 

PARLIAMENTARY LAW. 

The system of government under which English- 
speaking people live makes necessary frequent meet¬ 
ings of men foi legislation or consultation. A set of 
rules to govern such meetings is necessary. The 
practices of the English Parliament were taken as a 
basis and have grown into an extensive and intricate 
system of rules, known as parliamentary law. Every 
assembly is understood to have a right to make its 
own rules, but when it does not, the common parlia- 


10 


CIVIL GOVERNMENT OF COLORADO. 


mentary law governs, not from any legal force, but 
from common consent and from the necessity of having 
some kind of rules. The principal book of reference in 
the United States on parliamentary law is Jefferson’s 
Manual of Parliamentary Practice, which is used as 
authority by both houses of our General Assembly. 

COMMITTEES. 

Definition.—A committee of a legislative house is 
one or more of its members, elected or appointed to 
consider and report upon a particular piece or class of 
business. 

Standing committees.—Standing committees are 
such as are chosen at the beginning of a session and 
continue during the whole session to consider and 
report upon all business referred to them. 

Select committees.—Committees appointed tem¬ 
porarily to consider one piece of business are called 
select or special committees. They are usually dis¬ 
charged, i. e., cease to be committees, when they hav$ 
reported upon the business referred to them. 

THE SENATE. 

Senatorial districts.—The state is divided into 
twenty-nine senatorial districts in which are elected 
thirty-five senators.* No county can be divided in 
forming senatorial districts. 


*The senatorial districts are as follows: 

District 1, City and County of Denver, seven senators; 2. Pueblo 
County, two senators; 3. El Paso County, two senators; one senator each 
for the remaining districts; 4. Las Animas; 5. Boulder; 6. Chaffee and 
Lake; 7. Weld; 8. Jefferson; 9. Fremont; 10. Larimer; 11. Gun¬ 
nison and Delta; 12. Logan, Sedgwick, Phillips, Washington and Yuma; 
13. Jackson, Routt, Rio Blanco and Moffat; 14. Costilla, Custer and Huer¬ 
fano; 15. Rio Grande, Saguache and Mineral; 16. Mesa; 17. Dolores, 
Montrose and San Miguel; 18. Hinsdale, Ouray, San Juan and Archuleta; 
19. La Plata and Montezuma; 20. Teller and Park; 21. Eagle, Garfield 
and Pitkin; 22. Adams, Arapahoe and Morgan; 23. Crowley and Otero; 
24. Conejos and Alamosa; 25. Baca, Bent, Kiowa and Prowers; 26. 
Clear Creek, Gilpin, Grand and Summit; 27. Kit Carson, Cheyenne, Doug¬ 
las, Elbert and Lincoln. 



CIVIL GOVERNMENT OF COLORADO. 


11 


Rotation. —It is so arranged that the terms of half 
the senators expire and successors are elected every 
even-numbered year. The term being four years, one- 
half the senators of any General Assembly were mem¬ 
bers of the preceding General Assembly and one-half 
will be members of the next one. 

Confirming power. —Many offices are filled by 

appointment by the Governor with the consent of the 
Senate. The Governor, having selected a person to fill 
such an office, sends a message to the Senate announc¬ 
ing the nomination. If a majority of the Senate vote 
for the nomination it is confirmed. If it does not get 
a majority vote, the Governor must make another 
appointment. If a vacancy occurs in such an office when 
the Senate is not in session, the Governor appoints a 
person to fill it, who holds the office only until the next 
session of the Senate, when the vacancy must be filled 
as above. 

Presiding officer. —The Lieutenant-Governor is 
presiding officer of the Senate. He votes only when 
the Senate is equally divided. 

President pro tempore. —On the first and last days 
of each session the Senate elects one of its members 
President pro tempore . He presides when the Lieu¬ 
tenant-Governor is absent. He votes as a member. 

Committees, how chosen. —The Senate elects its 
standing committees. The presiding officer appoints 
all other committees, unless the Senate orders otherwise. 

THE HOUSE OF REPRESENTATIVES. 

Apportionment. —The sixty-five representatives are 
apportioned among the counties of the State.* In this 
apportionment no county can be divided. 


♦The representatives are apportioned among: the counties 
as follows: City and County of Denver, twelve representa¬ 
tives; Pueblo Co., four; El Paso, three; two each for: Weld; 
Boulder; Teller and Park; Crowley and Otero; one each for: 
Larimer; Mesa; Fremont; Jefferson; Arapahoe and Elbert; 



12 


CIVIL GOVERNMENT OF COLORADO. 


Revenue bills.—All bills for raising revenue must 
originate in the House of Representatives. 

Speaker of the House.—The presiding officer of the 
House is called the Speaker. He is elected by the House 
from among its members and votes as a member. 

LEGISLATION. 

Object of laws.—It is the duty of the General 
Assembly to make such laws as are necessary to the 
welfare of the people, such as: laws making provision 
for tax levies, making appropriationss of public 
money, regulating the government of municipal cor¬ 
porations, and the proceedings of courts; securing the 
rights of persons and property, preserving the public 
health and safety, etc. 

Restrictions on legislation.—Besides the restric¬ 
tions on state legislation contained in the Constitution 
of the United States, the State Constitution prohibits 
the passing of local and special laws in many cases 
enumerated in the Constitution and in all cases in which 
a general law can be made applicable. For instance, 
the General Assembly cannot pass a law removing the 
county seat of a certain county. The law on the sub¬ 
ject must be a general one, under the provisions of 
which the county seat of any county may be removed. 

METHOD OF PASSING BILLS. 

Bill defined.—A bill is the form of a law proposed 
to a legislative assembly. 

Restrictions on passage.—The Constitution contains 
the following restrictions on the passage of bills. 


Garfield and Rio Blanco; Delta; Montrose; Conejos; Alamo- 
pa; Adams; Pitkin; La Plata; Lake; Rio Grande; Chaffee; 
Morgan and Washington; Clear Creek; Gilpfn; Ouray; San 
Juan; Logan and Sedgwick; Phillips and Yuma; Gunnison; 
Saguache and Custer; Douglas; Lincoln, Kit Carson and 
Cheyenne; Kiowa and Bent; Prowers and Baca; San Miguel; 
Hinsdale, Archuleta and Mineral; Routt and Moffat; Summit, 
Grand and Jackson; Eagle; Huerfano and Costilla; Monte¬ 
zuma and Dolores. 



CIVIL GOVERNMENT OF COLORADO. 


13 


1. No bill except the general appropriation bill 
can become a law unless introduced during the first 
fifteen days of the session. 

2 No bill can become a law unless referred to a 
committee, returned therefrom and printed for the use 
of the members. 

3. It must pertain to but one subject, which must 
be set forth in its title. 

4. It must be read at length on two different days 
in each house. 

5. A majority vote of all the members elected to 
each house is required to pass a bill. The final vote 
must be taken by ayes and noes, and the names of those 
voting for and against it must be entered on the journal. 

6. When passed it must be signed by the presiding 
officers in the presence of their respective houses. 

Governor’s action. —It is then sent to the Governor. 
If he approves it, he signs it and it becomes a law. 

If the Governor disapproves of a bill, he vetoes it, 
i. e. y returns it to the house in which it originated, with 
his objections in writing. The bill is reconsidered by 
this house, and if two-thirds of the members elected 
vote for it, it is sent to the other house. If it there gets 
a like majority, it becomes a law without the Gover¬ 
nor’s signature. 

If the Governor does not return the bill within ten 
days, it becomes a law without his signature, unless the 
General Assembly adjourns meanwhile, in which case 
the Governor must file the bill and his objections to it 
with the Secretary of State within thirty days after 
adjournment ; otherwise it becomes a law. 

INITIATIVE AND REFERENDUM. 

At the general election of 1910 the people adopted 
an amendment to section one of Article V of the Con¬ 
stitution providing for the initiative and referendum. 
By Ihe initiative the people by petition may propose 
laws and amendments to the Constitution, and adopt 
or reject the same at the general election by a majority 


14 


CIVIL GOVERNMENT OF COLORADO. 


vote. By the referendum the people also by petition 
may submit to a vote a law or part of a law passed by 
the General Assembly. 

Petitions. —The form of petitions is prescribed by 
the Secretary of State. The expense is borne by those 
interested. Only qualified electors may sign and each 
signature must be accompanied by the address of the 
signer and the date of signing. Each petition must 
have attached to it the affidavit of a qualified elector 
that he knows each signer to be a qualified elector. 
Referendum petitions refer to the law in question only 
by title, section, clause, etc. The text of initiated 
measures must be printed in full on each petition. 
Referendum petitions must be filed with the Secretary 
of State within ninety days after the adjournment of 
the General Assembly at which the law in question was 
passed. Petitions for the initiation of laws must be 
filed with the Secretary of State at least four months 
before the election at which they are to be voted on. 

Size of petitions. —Petitions for the referendum 
must be signed by qualified electors in number equal 
to at least five per cent of the vote for Secretary of 
State at the last general election. For the initiative 
eight per cent is required. 

Miscellaneous provisions. —The Governor cannot 
veto initiated legislation. Laws so adopted go into ef¬ 
fect upon proclamation of the vote upon them. The 
text of all measures to be submitted under the initia¬ 
tive and referendum is printed by the Secretary of 
State in each county for four weeks before the election 
at which they are to be voted on. The General As¬ 
sembly may itself refer laws and can repeal a law 
adopted by the people under the initiative. All laws 
passed by the General Assembly are subject to the 
referendum except such as may be “necessary for the 
immediate preservation of the public peace, health or 
safety” or such as appropriate money for the main¬ 
tenance of the state government or state institutions. 

In cities and towns— The voters of cities, towns 
and municipalities can initiate or refer legislation, act- 


CIVIL GOVERNMENT OF COLORADO. 


15 


ing either under the general law or making their own 
provisions except that no more than ten per cent of 
the voters shall be required for the initiative nor 
fifteen per cent for the referendum. 

PUBLICATION OF LAWS. 

The laws of the State of Colorado have been thrice 
collected at public expense and published in one vol¬ 
ume. The last publication was in 1908, under the title 
of “The Revised Statutes of Colorado, 1908 .’’ The vol¬ 
ume contains also the Constitutions of the United 
States, and of Colorado, the Declaration of Indepen¬ 
dence, the Enabling Act and the Civil Code. 

The laws of each session of the General Assembly 
are printed in a separate volume. These, as well as 
the Revised Statutes, are distributed free to state, dis¬ 
trict, county and precinct officers. 

CHANGES IN THE CONSTITUTION. 

Revision.— Section I of Article XIX of the Consti¬ 
tution provides a method of calling a convention to 
“revise, alter and amend” the Constitution. No such 
convention has ever been hold. 

Amendment.—Amendments to the Constitution may 
be proposed by a law requiring a two-thirds vote of 
each house of the General Assembly. The Secretary of 
State publishes such proposed amendments in each 
county for four weeks preceding the next general 
election at which members of the General Assembly are 
elected and they are voted on at such election. If they 
receive a majority of the votes cast, they become a part 
of the Constitution. 

Amendments to the Constitution may also be made 
directly by the people acting under the initiative. 

CENSUS AND APPORTIONMENT. 

National census. —The National census is taken in 
years whose numbers end with 0. 

Apportionment. —The General Assembly from time 
to time apportions anew the senators and representa¬ 
tives among the people and counties of the State. 


16 


CIVIL GOVERNMENT OF COLORADO. 


IMPEACHMENT. 

State officers may be impeached. The House of 
Representatives impeaches, or accuses; the Senate tries 
the case; the punishment is removal from office and 
disqualification for holding office. No case of 
impeachment has yet occurred. See Article XIII of the 
Constitution. 

CANVASS OF VOTES FOR EXECUTIVE OFFICERS. 

The abstracts of the votes cast for state executive 
officers in the various counties, are sent by the county 
clerks to the Secretary of State, directed to the 
Speaker of the House of Representatives. After the 
organization of the House, the Secretary of State 
delivers these returns to the Speaker. They are 
opened and read in the presence of both houses of 
the General Assembly and the persons having the high¬ 
est number of votes for the offices respectively are 
declared elected thereto. 

Contests. —The General Assembly in joint session 
tries contested elections of state executive officers. 


CHAPTER V. 

THE EXECUTIVE DEPARTMENT. 

Officers.—The executive department of the state 
government consists of the Governor, Lieutenant-Gov¬ 
ernor, Secretary of State, State Treasurer, State Audi¬ 
tor, Superintendent of Public Instruction and Attorney- 
General. 

Election. —These officers are elected at the general 
election in even-numbered years. 

Term. —The term of the executive officers is two 
years, beginning the second Tuesday in January after 
their election. 

Qualifications. —To be eligible to these offices a per- 



CIVIL GOVERNMENT OP COLORADO. 


17 


son must be (1) a qualified elector, (2) a citizen of the 
United States and (3) must have resided in the State 
two years next preceding his election. No person can 
become Governor, Lieutenant-Governor or Superin¬ 
tendent of Public Instruction unless thirty years of age; 
or Auditor, Treasurer or Secretary of State unless 
twenty-five years of age; nor Attorney-General unless 
twenty-five years of age and a licensed attorney. 

Neither Treasurer nor Auditor can be elected as 
his own immediate successor. 

Vacancies.—If the office of Secretary of State, 
Auditor, Treasurer, Attorney-General or Superinten¬ 
dent of Public Instruction becomes vacant, the Gov¬ 
ernor appoints a person to fill the vacancy. 

THE GOVERNOR. 

Supreme executive.—The supreme executive power 
of the State is vested in the Governor. The Constitu¬ 
tion provides that he “ shall take care that the laws be 
faithfully executed.” 

Commander-in-Chief of militia.—The Governor is 
Commander-in-Chief of the militia of the State except 
when it is called into the actual service of the United 
States. He has power to call out the militia to execute 
the laws, suppress insurrection or repel invasion. He 
signs all commissions issued to officers of the militia. 

Appointing power.—The Governor appoints many 
of the officers of the state government. Most of these 
appointments must be confirmed by the Senate. The 
Governor also fills by appointment vacancies in the 
office of United States senator. 

Removing power.—The Governor may remove from 
office any officer appointed by him either with or with¬ 
out the consent of the Senate, for “incompetency, neg¬ 
lect of duty or malfeasance in office.” 

Pardoning power.—The Governor has power to 
grant reprieves and pardons for all offenses after con- 


18 


CIVIL GOVERNMENT OF COLORADO. 


viction, except treason and except in cases of impeach¬ 
ment. 

Legislative powers.—The Governor’s veto power 
and power to convene the General Assembly have been 
mentioned. The Governor also has power to adjourn 
the General Assembly if the two houses disagree as to 
the time of adjournment. 

Message.—It is the duty of the Governor to send 
to the General Assembly, at the beginning of every 
session and from time to time, messages giving infor¬ 
mation of the condition of the State and recommend¬ 
ing legislative measures. He presents also an estimate 
of the amount of money required to be raised by tax¬ 
ation for state purposes. 

Other powers.—When arson or murder has been 
committed, the Governor has power to offer rewards 
for the criminals. He issues warrants for the arrest 
and delivery of criminals from other states. He has 
power to examine the books of the State Treasurer or 
Auditor, to demand information of the officers of the 
executive department or of state institutions, and to 
employ counsel on behalf of the State. He commis¬ 
sions officers appointed by him, signs state land 
patents, is a member of state boards, etc. 

Vacancy.—If the office of Governor becomes vacant, 
the Lieutenant-Governor becomes Governor. If a 
vacancy then occur, the President pro tempore of the 
Senate succeeds to the office and after him the Speaker 
of the House of Representatives. 

Salary.—The salary of the Governor is $5,000 a year. 

LIEUTENANT-GOVERNOR 

The Lieutenant-Governor presides over the Senate 
and becomes Governor in case of a vacancy in that 
office. His salary is $1,000 per year. 


CIVIL GOVERNMENT OF COLORADO. 


19 


SECRETARY OF STATE. 

Duties.—Some of the important duties of the Sec¬ 
retary of State are: 

1. To keep the laws passed by the General Assem¬ 
bly, 

2. To keep the great seal of the State, which can 
be lawfully affixed by no other person, 

3. To record in his office, public papers, maps, 
bonds, trade-marks or manufacturers’ brands, commis¬ 
sions issued by the Governor, certificates of incorpora¬ 
tion, etc., 

4. To notify county clerks of general elections, 
of the state and national officers to be voted for there¬ 
at, with the names of the nominees, the titles of refer¬ 
red bills and the text of initiated laws, receive and 
transmit election returns and issue certificates of elec¬ 
tion upon the statement of the State Board of Can¬ 
vassers, 

5. The Secretary of State is ex officio State Labor 
Commissioner. The work of this office is done by an 
appointed officer called the Deputy Labor Commission¬ 
er and Chief Factory Inspector. 

Salary.—The salary of the Secretary of State is 
$4,000 per year. 


STATE TREASURER. 

Duties.—The most important duties of the State 
Treasurer are: 

1. To receive and keep money belonging to the 
State, and pay it out upon the warrant of the State 
Auditor and otherwise, as provided by law. 

2. To countersign and keep a record of all war¬ 
rants issued by the State Auditor, 

3. To make the Auditor a daily report of the 
money paid out, and a monthly report of money 
received and paid out and warrants registered. 

Bond.—The State Treasurer gives a bond of 

$1,AQ0,000. 

Salary.—His salary is $6,000 a year. 


20 


CIVIL GOVERNMENT OF COLORADO. 


STATE AUDITOR. 

Duties.—The Auditor is general accountant of the 
State. 

1. He examines claims against the State, and if a 
claim is good and there is an appropriation for the 
purpose, he issues a warrant on the Treasurer for the 
amount. 

2. He issues to insurance companies certificates of 
authority to do business, and has power to examine 
their officers under oath and their books, and to revoke 
their certificates if he finds their affairs in an unsound 
condition. 

Salary.—His salary is $4,000 a year. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Duties.—The important duties of the State Super¬ 
intendent are: 

1. To furnish to county superintendents of schools 
lists of questions to be used in the examinations of 
teachers, 

2. By visiting the various counties, making public 
addresses, etc., to awaken an interest in, and improve 
the condition of, the public schools of the State, 

3. To furnish decisions on points of school law, 
which are final until set aside by a court or by legis¬ 
lation, 

4. To apportion the income of the state school fund 
among the counties. 

Salary.—His salary is $3,000 a year. 

. ATTORNEY-GENERAL. 

Duties.—The principal duties of the Attorney-Gen¬ 
eral are: 

1. To appear for the State and the executive 
departments in legal actions, 

2. To give written opinions on points of law at the 
request of the General Assembly, Governor or other 
executive officer. 

Salary.—His salary is $5,000 a year. 


The various executive officers are members of state 



CIVIL GOVERNMENT OF COLORADO. 


21 


boards* of which the following are the most important: 

STATE BOARD OF CANVASSERS. 

Duties.—This board meets after every election at 
which state and national officers are elected, examines 
the returns made by the county clerks, makes a state¬ 
ment therefrom of the number of votes given each can¬ 
didate, of the number of votes for and against each 
measure submitted, determines which persons have 
been elected, certifies this statement and determination 
and delivers it to the Secretary of State. This Board 
does not canvass the vote for executive officers. 

STATE BOARD OF EDUCATION. 

Powers.—This Board has power: 

1. To make regulations not inconsistent with law, 
for the government of the public schools, 

2. To hear appeals from the decisions of county 
superintendents, its decisions being final, 

3. To grant, upon examination or after five years 
eminent service in the educational work of the State, 
state diplomas, entitling the holder to teach in any 
public school in the State without further examina¬ 
tion. A state diploma is good for the life of the 
holder, but may be revoked by the State Board of 
Education. 

STATE BOARD OF EQUALIZATION. 

The duties formerly performed by this board are 
now performed by the State Tax Commission (see page 
54.) Since this board is provided for in the Consti- 


•The officers composing these boards are as follows: 

State Board of Canvassers. —Governor, Secretary of State, 
Treasurer, Auditor and Attorney-General. 

State Board of Education. —Superintendent of Public Instruc¬ 
tion, Secretary of State and Attorney-General. 

State Board of Equalization. —Governor, Secretary of State. 
Treasurer, Auditor and Attorney-General. 

State Auditing Board.—Governor, Auditor, Treasurer, Sec¬ 
retary of State and Attorney-General. 



22 


CIVIL GOVERNMENT OF COLORADO. 


tution it still exists, reviewing and approving the work 
of the Tax Commission. 

STATE AUDITING BOARD. 

Powers. —This board has control of all appropria¬ 
tions for the various incidental and contingent funds 
and may make transfers from one to another. It also 
decides upon the validity of expenditure of state money 
by the boards in charge of the various state institu¬ 
tions, bureaus and departments. 

THE STATE MILITIA. 

Of whom composed. —All able-bodied male citi¬ 
zens of Colorado and those who have declared their 
intention to become citizens of the United States, 
between the ages of eighteen and forty-five, unless 
exempt by law, are liable to military duty. 

By whom called out. —The Governor has power to 
call out the militia to execute the laws, suppress insur¬ 
rection or repel invasion. 

Colorado National Guard. —Military organizations 
are kept up in many towns in the State. These are 
armed and equipped by the State. They are together 
known as the Colorado National Guard and are called 
out before the unorganized militia. 

Military fund.—The expense of the militia is met 
by an annual poll tax of one dollar, and a tax on all the 
property in the state, the proceeds of which make up 
the military fund. 

APPOINTED OFFICERS. 

The following named officers are the principal ones 
appointed by the Governor. Many of them must be 
confirmed by the Senate. Subordinate officers, if any, 
are usually appointed by the officers here named. Most 
of the officers here named make reports to the Gov¬ 
ernor, some of which are printed for free distribution. 

Adjutant-General. —The Adjutant-General is the 


CIVIL GOVERNMENT OF COLORADO. 


23 


officer through whom the Governor, as Commander-in- 
Chief, communicates with the militia. He has the care 
of the military property of the State and makes an 
annual report of the militia to the Governor and to the 
President of the United States. 

State Engineer.—The State Engineer has general 
supervision over irrigation division engineers and 
water commissioners. It is his duty to measure the 
amount of water flowing in streams from which water 
is taken for irrigation. 

He is designated by law to do the engineering work 
in which the State is interested, such as, the location 
of state ditches, roads, reservoirs and bridges; he is a 
member of the boards having charge of their construc¬ 
tion and inspects them after completion. 

Irrigation Division Engineers.—The water districts 
are grouped into six irrigation divisions,* for each 
of which an irrigation division engineer is appointed 
for two years, from applicants who pass an examination 
set by the State Engineer. 

Water commissioners.—The irrigated lands of the 
State are divided by law into water districts, for each 
of which the Governor appoints a water commissioner 
from among persons recommended to him by the county 
commissioners of the county or counties in which such 
district lies. 

The principal duty of the water commissioner is to 
divide the water among the ditches according to prior¬ 
ity of right. He has power to arrest persons violating 
his orders in regard to the use of water for irrigation. 

The pay of water commissioner is five dollars a day 
for time actually employed. 

Game and Pish Commissioner. — This officer 

appoints a Superintendent of the State Pish Hatcheries, 


*These divisions are numbered from one to six and are 
made up of lands irrigated by the following named streams; 
Division 1, South Platte, North Platte, Big Laramie and some 
others; 2, Arkansas, South Fork of the Republican, Smoky 
Hill, Dry Cimarron; 3, Rio Grande; 4, San Juan and part of 
Grand; 5, Green and part of Grand; 6, White, Yampa and 
Green. # 



24 


CIVIL GOVERNMENT OF COLORADO. 


who has the supervision of all fish cultural matters of 
the state, receives and distributes eggs and young fish, 
etc. 

The Commissioner’s especial duty is to protect the 
game of the State against those who violate the law 
by killing game out of season. For this purpose he 
appoints assistants known as Game Wardens. 

Coal Mine Inspector. —It is the duty of the Coal 
Mine Inspector to inspect each coal mine in the State 
employing more than ten men, once every three 
months, to see that the law regarding coal mines is 
observed. He is expected to investigate and fix the 
responsibility for accidents occurring in coal mines. 

Steam Boiler Inspector. —It is the duty of this offi¬ 
cer personally or by deputy to inspect once a year all 
steam boilers in the State, except in cities having boiley 
inspectors. Finding a boiler safe, he issues a certificate 
to that effect good for one year. Boilers condemned 
by him cannot be used. 

Notaries public. —One or more notaries public are 
appointed in each county. They take acknowledg¬ 
ments and depositions, administer oaths, etc. They are 
paid by fees. 

State Veterinary Surgeon. —This officer investi¬ 
gates diseases of stock, prescribes remedies and pre¬ 
cautions to prevent the spread of such diseases, etc. 

State Board of Medical Examiners. —This board 
consists of nine physicians. It issues certificates 
entitling the holders to practice medicine in the State, 
to persons having diplomas from medical colleges, to 
persons who furnish evidence of having practiced for 
ten years and to others whom by examination it finds 
qualified. 

State Board of Pharmacy. —This board examines 
and grants certificates to pharmacists and assistant 
pharmacists. It is unlawful for any person not a regis¬ 
tered pharmacist to retail or compound drugs and medi¬ 
cines. This board keeps a register of the pharmacists 


CIVIL GOVERNMENT OF COLORADO. 


25 


and assistant pharmacists of the State and collects from 
them an annual fee for their certificates. 

Similar boards. —Similar boards examine and issue 
licenses to dentists, trained nurses, barbers, architects, 

embalmers, horseshoers, engineers and veterinarians. 

Board of Inspection Commissioners. —This board 
appoints and stations cattle inspectors to prevent the 
illegal slaughtering or shipping of cattle, makes rules 
for their government, records and publishes stock 
brands. 

State Board of Land Commissioners. —This board 
has general control of the lands belonging to the 
State; locates and selects grants of lands, keeps maps, 
plats and records of the same, and has power to lease 
state lands or direct their sale. 

State Highway Commission. —This board of three 
members apportions the state road fund among the 
various counties and has general supervision of its ex¬ 
penditure, making rules for the construction and re¬ 
pair of state roads, purchasing and loaning to counties 
road-making ma chinery, keeping on file maps of all the 
roads in the State, etc. 

State Board of Charities and Corrections.—This 

board consists of the Governor and six other mem¬ 
bers appointed by him. This board has power to inves¬ 
tigate the management of all public jails, penitentiaries, 
reformatories, reform schools, infirmaries, hospitals 
and asylums, and to issue licenses to all private chari¬ 
table institutions and inquire into their conduct. All 
plans for buildings for such institutions must be 
approved by this board. 

Other State Boards. —Other state boards are: 
Capitol managers, in charge of the Capitol building at 
Denver; Pardons, considering applications for pardons 
and recommending pardons to the Governor; Military, 
in charge of the affairs of the state militia; Examiners, 
examining applicants for state certificates, including 


26 


CIVIL GOVERNMENT OF COLORADO. 


certificates to teach in institutes, and recommending 
the issuance of such certificates by the State Board of 
Education; Utilities Commission, regulating rates and 
service of railroads, telegraph, telephone and light 
companies, etc.; Bureau of Child and Animal Protec¬ 
tion; Health; Horticulture; Immigration; Bureau of 
Mines; Civil Service Commission; Inheritance Tax Ap¬ 
praisers; Traveling Library Commission. 

Other appointed officers.—State Librarian, Print¬ 
ing Commissioner, Dairy Commissioner, Bank Com¬ 
missioner, State Geologist, Oil Inspector, Commissioner 
of Mines, etc. 


CHAPTER VI. 

THE JUDICIAL DEPARTMENT. 

Courts of the State.—The judicial power of the 
State is vested in justices of the peace, county courts, 
district courts, a Supreme Court and “such other 
courts as may be provided by law.” 

The other courts that have been provided are 
police courts, juvenile courts and a Court of Appeals. 

Clerks of courts.—Each of these courts except jus¬ 
tices’ courts and police courts has a clerk appointed 
by the judge and holding office during his pleasure. 
The duties of the clerk are to keep the records, file 
papers, keep and affix the seal of the court, administer 
oaths, etc. 

Bailiffs.—The Supreme Court, Court of Appeals, 
district courts and county courts in larger counties 
have bailiffs who open and close the court, keep order, 
attend juries, etc. In other county courts the sheriff 
or a deputy performs these duties; in justices’ courts, 
a constable; and in police courts, a policeman. 

THE SUPREME COURT. 

The highest legal tribunal in the State is the 
Supreme Court. 



CIVIL GOVERNMENT OF COLORADO. 


27 


Supreme judges.—The Supreme Court consists of 
seven judges who are elected for terms of ten years. 

Qualifications.—A supreme judge must be, (1) 
learned in the law, (2) thirty years of age, (3) a citizen 
of the United States and (4) a resident of the State 
for two years preceding his election. 

Chief-Justice.—The judge having the shortest term 
to serve, unless chosen to fill a vacancy, is Chief- 
Justice. 

Vacancy.—When a vacancy occurs on the supreme 
bench, the Governor appoints a person to fill it. 

Salary.—Supreme judges receive $5,000 a year. 

Terms of Supreme Court.—Three terms of the 
Supreme Court are held every year in Denver. The 
Court may provide for the holding of special terms. 

Jurisdiction.—The Supreme Court has power to 
issue, hear and determine writs of habeas corpus, man - 
damns , injunction, etc. It has original jurisdiction in 
proceedings instituted to contest the election of any 
person to the office of supreme, district or county 
judge. With these exceptions it has appellate jurisdic¬ 
tion only. Appeals lie to the Supreme Court in all 
cases in which the final judgment or decree amounts to 
$500, or (2) which involve the construction of a provi¬ 
sion of the State Constitution or that of the United 
States, or (3) which relate to a franchise or freehold, 
or (4) cases brought up from the county court on writs 
of error. The Supreme Court exercises general super¬ 
intending control over all inferior courts. 

Licensing attorneys.—No person is permitted to 
practice law unless licensed by the Supreme Court. 
That Court may license without examination persons 
having licenses to practice in other states. Others 
are required to take an examination. The Clerk of 
the Supreme Court keeps a record of the attorneys 
of the State, from which that court may strike attor¬ 
neys ’ names for “malconduct in office.” 


28 


CIVIL GOVERNMENT OF COLORADO. 


Constitutionality of bills.—When there is a doubt 
as to the constitutionality of a bill, the Supreme Court 
is required to give its opinion on the subject when 
called upon by the Governor, Senate or House of Rep¬ 
resentatives. 

Supreme Court reports.—The decisions of the 
Supreme Court are very important because they deter¬ 
mine finally the meaning and constitutionality of laws. 
They are therefore printed and offered for sale. All 
courts of record in the State are supplied with these 
reports by the State. 

COURT OF APPEALS. 

At different times a court, called the Court of Ap¬ 
peals, has been established to relieve the Supreme Court 
which is usually many months behind in its work. The 
last Court of Appeals was established in 1911 and ex¬ 
pired by limitation in 1915. 

THE DISTRICT COURT. 

Judicial districts.—The State is divided by law into 
judicial districts, in each of which one or more judges 
are elected for terms of six years and a district attorney 
for four years.* 

Qualifications of district judge.—The district judge 
must be (1) learned in the law, (2) thirty years of age, 
(3) a citizen of the United States, (4) a resident in 
the State for two years and (5) an elector in the district 
for which he is elected. 


* There are thirteen judicial districts: 1. Clear Creek, Gilpin, Jefferson, 
Grand and Arapahoe; 2. Denver, five judges; 3. Las Animas, Huerfano, 
Prowers, Bent and Baca, two judges; 4. Douglas, Elbert, El Paso, Cheyenne, 
Lincoln, Kit Carson and Teller, four judges; 5. Lake, Summit and Eagle; 
6. La Plata, San Juan, Archuleta, Dolores and Montezuma; 7. Delta, Mesa, 
Montrose, Gunnison, Ouray, San Miguel and Hinsdale; 8. Boulder, Weld, 
Larimer, Adams and Jackson, two judges; 9. Pitkin, Garfield, Routt, Moffat 
Fremont, Chaffee, Custer, and Park; 12. Conejos, Rio Grande, Saguache, 
Costilla, Alamosa and Mineral; 13. Washington, Yuma, Sedgwick, Phillips, 
and Rio Blanco; 10. Pueblo, Otero, Crowley and Kiowa, two judges; 11. 
Logan and Morgan. 



CIVIL GOVERNMENT OF COLORADO. 


29 


Vacancy.—Vacancies in the office of district judge 
are filled by appointment by the Governor. 

Salary.—The salary of the district judge is $4,000 
a yea*r and a limited expense allowance when outside 
his own county. 

Qualifications of district attorney.—The district 
attorney must be twenty-five years of age and have 
the other qualifications of district judge. 

His duties.—The district attorney is the attorney 
for the people in all criminal suits in the district 
courts of his district, and appears for the State or 
any county of his district in all other matters before 
the district court. He appears at all inquests held in 
his district and in preliminary examinations when 
felony is charged. He may also prosecute misdemeanor 
cases upon information before the county court. 

Vacancy.—When a vacancy occurs in the office of 
district attorney, the district judge appoints an attor¬ 
ney to fill it. 

Clerk of the district court.—The district judge 
appoints a clerk of the district court in each county of 
his district. 

Terms of district court.—At least one term of dis¬ 
trict court is held in each county every year. Special 
terms may be held when the judge deems it necessary. 

Original jurisdiction.—The district court has orig¬ 
inal jurisdiction in all matters both civil and criminal. 
It has exclusive original jurisdiction of capital crimi¬ 
nal cases. 

Appellate jurisdiction.—An appeal may be taken 
to the district court from any final judgment of the 
county court including probate matters, except judg¬ 
ments by confession and except in cases appealed 
from a justice. 

Change of venue.—Changes of venue may be taken 
from the district court to the district court of another 
district or county. 




30 CIVII. GOVERNMENT OF COLORADO. 

Selection of jurors. —Jurors are chosen by lot by 
the clerk of the district court from lists furnished by 
the county commissioners. In counties of from 40,000 
to 100,000 population jury lists are made and jurors 
chosen by a jury commissioner appointed by the judges. 
Jurors are summoned by the sheriff and are obliged to 
serve unless excused by the judge. 

Grand jury. —The grand jury consists of twelve 
men. They hear evidence against accused persons 
and if nine of them deem it sufficient they advise the 
court in a paper called an indictment to put the 
accused on trial. The grand jury is advised by the dis¬ 
trict attorney, hears no evidence in defense and its ses¬ 
sions are secret. 

Petit jury.—A petit jury usually consists of twelve 
men. Their duty is to heay the evidence on both sides 
of the cases presented to them and decide the cases 
according to the evidence and the instructions of the 
court. The judge explains the law to them. Their 
decision is called a verdict and requires the consent 
of every juror. The judge may dispense with the 
petit jury at any term of court if the business does 
not require one. 

Who are competent jurors. —“All male inhabitants 
of this State of the age of twenty-one years, who are 
citizens of the United States or have declared their 
intention to become such citizens, and who have not 
been convicted of felony shall be competent to serve 
as grand and petit jurors.” Many persons are exempt 
by law from jury duty.* 

Challenge of juror.—Each party to a suit has a right 
to reject a certain number of jurors. When this is done 
without assigning any reason, it is called a peremptory 
challenge. The number of such challenges is limited. 


* Among those exempt are: county and state officers, judges and clerks of 
courts, justices and constables, attorneys, persons over sixty, active members of 
fire companies for five years, members of the Colorado National Guard and those 
who have served five years in the organized militia, engineers, conductors and 
superintendents on railroads, pharmacists and persons who have served as 
regular jurors within a year. 



CIVIL GOVERNMENT OF COLORADO. 


31 


When objection is made to a juror on the ground that 
he is not qualified or is not a fit person to be a juror 
in the case, for instance, because of relationship to 
either party or of interest in the result of the suit, it is 
called a challenge for cause. There is no limit to the 
number of challenges for cause. 

Fees of jurors and witnesses.—In all courts jurors 
and witnesses receive pay for their services and mile¬ 
age. 


THE COUNTY COURT. 

A county court is established in each county. It is 
held at the county seat and is presided over by the 
county judge. 

County judge.—The judge must have the qualifica¬ 
tions of county officers. He is elected by the voters 
of the county for a term of four years. 

Original jurisdiction.—The county court has orig¬ 
inal jurisdiction (1) in all matters of probate, that is, 
proof of wills, settlement of the estates of deceased 
persons, appointment of guardians, conservators and 
administrators and the settlement of their accounts, 
(2) in other civil cases including divorce matters when 
the amount involved does not exceed $2,000, (3) in 
misdemeanor eases, (4) in contested elections of county, 
town and precinct officers, and (5) in criminal cases in 
which the accused is a minor. 

Appellate jurisdiction.—Cases may be appealed 
from justices’ and police courts to the county court. 

Jury.—In any suit before the county court either 
party may have a jury summoned of any number from 
three to twelve. The law provides that jurors for the 
county court shall be drawn by the clerk of the dis¬ 
trict court and summoned by the sheriff. They are 
however usually summoned by open venire. 

Record.—The county judge keeps a record of all 
wills and other documents relating to the settlement 
of estates, and of the proceedings of his court, which 
record is open to inspection. 


32 


CIVIL GOVERNMENT OF COLORADO. 


Vacancy.—The county commissioners fill vacancies 
in the office of county judge. 

Clerk of county court. —The county judge may 
appoint a clerk of the county court or perform the 
duties of clerk himself. 

THE JUVENILE COURT. 

The county court, acting as a juvenile court, 
enforces the law in regard to juvenile delinquents, by 
which a child under sixteen who violates a law, is 
incorrigible, is truant from school, habitually wanders 
the streets, uses improper language, etc., may be 
required to report to the court from time to time, 
placed in a private home, or, if necessary, sent to such 
an institution as the Boys’ or Girls’ Industrial School. 

It also has power to enforce the child labor laws, 
the compulsory school law, the law requires parents 
to care properly for their children, the law by which 
anyone contributing to a child’s delinquency may be 
punished, and, in general, all laws in regard to chil¬ 
dren and their relation to school. 

To aid it in this work the court has the power 
to appoint probation officers. 

In Denver the Juvenile Court is entirely separate 
from the county court, having a separate judge. 

justices’ courts. 

Justices’ precincts.—The county commissioners 
divide the county into justices’ precincts in each of 
which justices of the peace and constables are elected.* 
Their term of office is two years. Each precinct has 
two justices and two constables. 

Powers of justice. —Among the powers of a justice 
of the peace are: 

1. To try civil cases in which the amount involved 


•The Constitution provides that in precincts containing 5,000 
inhabitants or more the number of justices and constables may 
be increased by law. In precincts containing more than 20,000 
inhabitants the county commissioners may appoint one addi¬ 
tional justice and constable for each 20,000 inhabitants. 



CIVIL GOVERNMENT OF COLORADO. 


33 


does not exceed $300, and in which the boundaries or 
title to real estate are not called in question, 

2. To try minor criminal offences, such as, assault, 
assault and battery, petit larceny, etc., 

3. To hold preliminary examinations of persons 
accused of offences triable only in higher courts, and, 
if their guilt is probable, to hold them by bail or impris¬ 
onment to await the action of the grand jury, or of the 
district attorney on information, 

4. To perform the duties of coroner in relation to 
dead bodies when there is no coroner or in case of his 
inability to act. 

Jury.—In suits before a justice either party by 
advancing the jury fees, may demand to have the case 
tried by a jury. Thereupon the justice issues a writ, 
directed to a constable, commanding him to summon a 
jury, usually of six. 

Change of venue.—Venue may be changed to the 
court of the nearest justice. 

Appeals. —Appeals may be taken from a justice's 

court to the county court. 

Duties of constable.—The constable is the executive 
officer of the justice's court. He makes arrests and 
preserves the peace. 

POLICE COURT. 

All cities have police courts—presided over by 
police magistrates or judges, elected by the city 
council. 

Jurisdiction.—This court has exclusive original jur¬ 
isdiction in all cases arising under the city ordinances. 

Venue—appeals.—No change of venue is allowed 
Appeals may be taken to the county court. 


34 


CIVJ^ GOVERNMENT OF COLORADO. 


CHAPTER VII. 

THE COUNTY. 

New counties. —New counties are established by 
the General Assembly in laws defining the boundaries, 
providing for the election of officers, fixing tempora¬ 
rily the county seat, etc. 

Elective county officers. —The elective county offi¬ 
cers are: three commissioners, a clerk, sheriff, 
treasurer, assessor, coroner, surveyor, superintendent 
of schools and county judge.* 

Qualifications. —To be eligible to a county office a 
person must be a voter and a resident of the county 
for the year preceding election. 

Term. —The county commissioners and county judge 
hold office four years; the others two years. All are 
elected in even-numbered years. 

County seat. —The town in which the county and 
district courts are held and the county officers have 
their offices is called the county seat. The location of 
the county seat is determined by a majority vote of the 
qualified electors of the county. 

Offices at the county seat. —The county clerk, 
sheriff, treasurer, superintendent of schools, and the 
clerk of the county and district courts have offices at 
the county seat. 

COUNTY COMMISSIONERS. 

Election. —Counties have three commissioners, two 
elected in 1904, and every fourth year thereafter, one 
elected in 1906 and every fourth year thereafter. 

Commissioners’ districts. —Each county is divided 
into thyee commissioner’s districts. Each district is 


For duties of county judge see chapter VI. 



CIVIL GOVERNMENT OF COLORADO. 


35 


entitled to one commissioner who must be a resident 
therein. Commissioners are elected by the voters of 
the whole county from the districts in rotation. 

Chairman.—At the first meeting of the board of 
county commissioners after the annual election, one 
of the members is chosen chairman. He presides at 
meetings of the board, has power to administer oaths, 
signs all county warrants and bonds and is superin¬ 
tendent of the poor. 

Meetings of board.—There are four regular meet¬ 
ings of the board of county commissioners every year. 
These are held at the county seat on the first Mon¬ 
days of January, April, July and October. When neces¬ 
sary there are special meetings. All meetings of the 
board are open to the public. 

Powers and duties.—The principal powers and 
duties of the board of county commissioners are: 

1. To care for county property, 

2. To levy taxes, 

3. To examine all claims and accounts against the 
county, allow such as are just and issue warrants on 
the county treasurer for their payment. 

4. To divide the county into election and justices* 
precincts, road and commissioners ’ districts, 

5. To designate voting places and appoint judges 
of election, 

6. To appoint road overseers, a county attorney 
and certain other minor officers, 

7. To appoint persons to fill vacancies in county 
and precinct offices except that of county commis¬ 
sioner, 

8. To lay out roads and alter or discontinue them 
upon petition, 

9. To care for county paupers, 

10. To hear and decide challenges to the registra¬ 
tion of voters. 

Vacancy.—When a vacancy occurs in the office of 
county commissioner, the Governor appoints a person 
to fill it. 


36 


CIVIL GOVERNMENT OF COLORADO. 


Pay.—For the purpose of determining the pay of 
county commissioners the counties of the State are 
divided into nine classes. The pay of the commission¬ 
ers in each class is a yearly salary fixed by law, varying 
from $2400 in the larger counties to not to exceed 
$400 in class eight. In class nine the commissioners are 
paid by the day. 

COUNTY CLERK AND RECORDER. 

Duties. —The principal duties $f the county clerk 
are: 

1. To act as clerk of the board of county commis¬ 
sioners, 

2. With two justices of the peace to open and can¬ 
vass the returns of elections, 

3. To issue certificates of election to county and 
precinct officers and to send to' the Secretary of State 
a statement of the votes cast for state and national 
officers, 

4. To furnish all voting places in the county with 
voting booths and ballot boxes, and to print and dis¬ 
tribute the ballots for general elections, 

5. To record deeds, mortgages, medical certificates, 
United States land patents, school district bonds and 
all “instruments and writings, authorized by law to be 
recorded in his office,” 

6. To issue marriage licenses and keep a record of 
marriages, 

7. To have the custody of the official registry book 
and make additions to and changes in it as provided 

by law. 

SHERIFF. 

Duties. —Some of the important duties of the 
sheriff are: 

1. To have the custody of the county jail and 
prisoners, 

2. To act as the executive officer of the courts of 
record of the county, 

3. To preserve the peace, pursue felons, make 
arrests and take convicts to the penitentiary. 


CIVIL GOVERNMENT OF COLORADO. 37 

Posse.—To aid him the sheriff may, when neces¬ 
sary, call on such persons as he sees fit. 

Persons summoned to assist the sheriff are called a 
posse . Any male over eighteen years of age who 
refuses or neglects to assist the sheriff when summoned 
is liable to a heavy fine. 

Deputies.—The sheriff appoints an under-sheriff, or 
general deputy, and as many deputies as necessary, for 
whose acts he and his bondsmen are responsible. 

TREASURER. 

Duties.—The principal duties of the county treas¬ 
urer are: 

1. To receive and keep all money belonging to the 
county, and pay it out on order of the county commis¬ 
sioners, or otherwise as directed by law, 

2. To collect the taxes. 

3. To make a monthly payment to the State treas¬ 
urer of all money due the State. 

ASSESSOR. 

Duties.—The principal duties of the assessor are: 

1. For the purposes of taxation, annually to assess, 
or fix a value upon all the taxable property in the 
county at its full valuation except such as the law re¬ 
quires the owner or State Tax Commission to assess, 

2. To compute all taxes, 

3. To make and deliver to the county clerk lists of 
persons in the county liable to militia service. 

CORONER. 

Duties.—1. The coroner with the aid of a jury ol 
six, inquires into the cause of the death of any person 
dying within the county by unlawful means or the cause 
of whose death is unknown and orders or issues war¬ 
rants for the arrest of any person suspected of being 
criminally connected with such death. 

2. He acts as sheriff when there is no sheriff, when 
the sheriff is a party to a suit and in certain other cases. 


38 


CIVIL GOVERNMENT OF COLORADO. 


SURVEYOR 

The duty of the comity surveyor is to execute sur¬ 
veys within the county when called upon and to keep 
a record of them. 

SUPERINTENDENT OF SCHOOLS. 

Duties.—The most important duties of the county 
superintendent of schools are: 

1. To apportion the general county school fund 
among the districts of the county, 

2. To visit each school in the county at least once 
during each quarter that it is in session, and to see 
that teachers and school officers obey the law, 

3. To make an annual report of the condition of the 
schools of the county to the State Superintendent, 

4. To hold examinations of applicants for 
teachers’ certificates, and to issue certificates to such 
as are qualified. 


ROADS. 

Road districts.—The county commissioners divide 
the county into road districts. 

Road overseers.—-The county commissioners appoint 
for each of these road districts, a road overseer, whose 
duty it is to keep the roads of his district in repair. 

Property tax for road purposes.—The county com¬ 
missioners levy a property tax for road purposes. They 
set apart a just proportion of the tax levied upon city 
and town property to be expended by the city or town 
authorities upon streets and alleys. The remainder of 
the proceeds of this tax is apportioned among the road 
districts of the county by the county commissioners and 
is paid out only on their order. 

Road poll-tax.—Every able-bodied man except resi¬ 
dents of towns and cities, between the ages of twenty- 
one and forty-five, is required every year either to work 
on the roads two days or to pay the road overseer of 


CIVIL GOVERNMENT OF COLORADO. 


39 


his district a road poll-tax of $2. Town and city auth¬ 
orities have power to levy a road poll-tax. 


CHAPTER VIII. 

THE SCHOOL DISTRICT. 

Classes of school districts.—School districts are 
divisions of counties erected into municipal corpora¬ 
tions for the support of public schools. There are three 
classes. Those of the first class contain more than one 
thousand children of school age, that is, between the 
ages of six and twenty-one. Districts of the second 
class contain from three hundred and fifty to one thous¬ 
and children of school age. Districts of the third class 
are those having fewer than three hundred and fifty 
children of school age. 

Directors.—The officers of a school district are 
called directors. Districts of the first class have five 
directors; those of the second and third classes have 
three. Denver has seven directors. 

Qualifications of voters.—In order to vote at a . 
school election a person: 

1. Must be twenty-one years of age, 

2. Must be a citizen of the United States, 

3. Must have resided in the State one year, in the 
county ninety days and in the school district thirty 
days, next preceding the election. 

In districts having more than 3000 children oi 
'chool age, voters must be registered. 

School election. —School elections are held the first 
Monday in May; in second and third class districts, 
every year; in first class districts in odd-numbered 
years. 

Term of directors. —In second and third class dis¬ 
tricts directors serve three years; in first class districts, 
six years. In first class districts in 1915 two directors 



40 


CIVIL GOVERNMENT OF COLORADO. 


we,re elected; in 1917, one director was elected; in 1919 
two directors were elected. Every six years from the 
above dates the same number of directors will be 
elected. 

In second and third class districts treasurers’ 
terms expired in 1918, secretaries’ terms in 1919 and 
presidents’ terms in 1917. 

Officers of school board.—The officers of a board of 
directors are a president, a secretary, and a treasurer. 

President’s duties. —The president presides at all 
meetings of the board and of the voters of the district, 
signs all bonds and orders for money and represents 
the district in law suits. 

Duties of secretary.—The principal duties of the 
secretary are: 

1. To keep a record of all proceedings of board 
and district meetings, 

2. To take or cause to be taken annually a census 
of all the children of school age in the district, 

3. To make out and file with the county superin¬ 
tendent annually a report of the affairs of the district. 

Powers and duties of school board.—The principal 
powers and duties of the school board are: 

1. To employ and discharge teachers, 

2. To fix the length of the school term, which must 
be at least six months in every year, and of the daily 
session which must not exceed six hours, 

3. To determine on the course of study, the text¬ 
books and the rates of tuition, 

4. To certify to the county commissioners the rate 
of special school tax, 

5. To order the levy, if they think best, of a tax 
4 f one-tenth of a mill for the support of a library. 

When directed by a vote of the district, they (1) 
furnish free text-books, (2) issue bonds. 


CIVIL GOVERNMENT OF COLORADO. 


41 


In districts of the first class boards can establish for 
pupils of any age special schools teaching any subject. 
They also set the examinations and issue certificates to 
teach, good only in their own districts. 

The school board in first and second class districts 
can buy or sell school lots and build or remove school 
houses. In third class districts, a vote ot the people is 
required. 

Vacancy.—When a vacancy occurs in the board of 
directors in second and third class districts, the county 
superintendent appoints; in first class districts the 
board elects. 

REVENUE OF SCHOOL DISTRICT. 

State school fund.—The United States granted to 
Colorado when it became a state, sections sixteen and 
thirty-six of every township for the support of com¬ 
mon schools. The money received from the sale of this 
land, together with escheats and gifts for the purpose, 
makes the state school fund. It is invested and the 
interest only is used. The interest together with the 
money arising from the leasing of school land is divided 
semi-annually among the counties in proportion to the 
number of children of school age they contain. 

County school fund.—The money received by a 
county from the state school fund and from the county 
school tax together with certain fines and forfeitures, 
makes the general county school fund. This is divided 
among the districts of the county in proportion to the 
number of children of school age they contain. 

County school tax.—The county commissioners levy 
every year a tax on all the taxable property in the 
county, of at least two and not more than five mills, 
for the support of the schools of the county. 

Special school fund.—The board of directors of each 
district certifies annually to the county commissioners 
the number of mills on the dollar that it will be neces- 


42 


CIVIL GOVERNMENT OF COLORADO. 


sary to levy in their district in addition to the county 
tax. This when collected is known as the special 
school fund of that district. 

ORGANIZATION OF NEW DISTRICTS. 

From organized territory. —To organize a new school 
district from a portion of one or more old ones, the 
parents of at least ten children of school age residing 
within the limits of the proposed new district petition 
the county superintendent, giving the boundaries of the 
proposed district and the names of all the children of 
school age therein. If the county superintendent thinks 
it for the best interests of the districts concerned, he 
directs an election to be held in the proposed district 
to decide whether or not the district shall be organized. 
If at such election two-thirds of the voters favor organ¬ 
ization, they proceed to elect three directors, who serve 
till the next regular school election, when three direct¬ 
ors are elected, one for three years, one for two years 
and one for one year. 

From unorganized territory. —People living on 
unorganized territory can organize a school district 
without a petition and by a majority vote. 


CHAPTER IX. 

TOWNS AND CITIES. 

Incorporation. —Upon petition of at least thirty 
land-owning electors of any part of a county not already 
incorporated, setting forth the boundaries, name and 
population of a proposed town or city, the county court 
appoints five commissioners, who hold an election 
therein. If a majority vote for incorporation, the com¬ 
missioners, after proper notice, hold another election 
at which town officers are chosen, which completes the 
incorporation. 

Classes of cities and towns.—There are three classes 



CIVIL GOVERNMENT OF COLORADO. 


43 


of cities and towns. Those having fifteen thousand 
inhabitants or more are cities of the first class* Those 
having more than two thousand and less than fifteen 
thousand are cities of the second class. Those having 
two thousand or less are incorporated towns. 

Mayor and council.—The powers of a city or town 
are exercised through a mayor and city council or board 
of trustees, and other officers. 

Powers.—The powers of a town or city government 
are similar to those of a county or school district. 
Thus the mayor and council have charge of city prop¬ 
erty, levy taxes, make appropriations, etc. As the powers 
of municipal corporations are granted for the safety, 
comfort and well-being of the people, more extensive 
powers are necessary where many people are gathered 
in a small territory. Accordingly town and city govern¬ 
ments are given powers which are not necessary to the 
school district or county. 

Among these powers are: 

1. To build sewers, 

2. To establish gas and water works, 

3. To provide police and fire departments, 

4. To make regulations concerning streets, side¬ 
walks, parks, etc., 

5. To preserve the public health by abating nui¬ 
sances, by inspection of food, building material, steam 
boilers, etc., by regulating the storage of explosives, 
establishing fire limits, etc., 

6. To appoint or provide for the election of such 
subordinate officers, not provided by law, as they deem 
necessary. 

Ordinances.—The regulations made by a city coun¬ 
cil or town board of trustees—city or town laws—are 
called ordinances. 

Pay of city and town officers.—The pay of city and 
town officers when not fixed by law is fixed by the 
council or board of trustees. 


44 


CIVIL GOVERNMENT OF COLORADO. 


OFFICERS OF CITIES. 

Mayor.—The mayor is elected bienially. He pre¬ 
sides over the council, sees that the ordinances are 
enforced, has a sheriff’s power to keep the peace, and 
can remit fines. 

Aldermen.—The city council divides the city into 
wards each of which elects aldermen biennially; in first 
class cities, one; in second class, two. The aldermen 
make up the city council. 

Other officers.—In cities of the first class the voters 
elect a clerk, treasurer, auditor, attorney and engineer; 
the council elects a police judge; the mayor and council 
appoint the police. In cities of the second class the 
voters elect a clerk and treasurer; the council elects 
an attorney, engineer, street supervisor and such other 
officers as they see fit. 

TOWN OFFICERS. 

Mayor.—The mayor is elected annually and presides 
over the board of trustees, having a vote only in case 
of a tie. 

Trustees.—Three trustees are elected by the voters 
of the town every year for terms of two years. 

Other officers.—The board of trustees appoints or 
provides for the election of a recorder or clerk, a treas¬ 
urer and attorney, and appoints a marshal. Vacancies 
are filled by the board. 

THE CITY AND COUNTY OF DENVER. 

The City and County of Denver was established by 
the adoption of the twentieth amendment to the Con¬ 
stitution in 1902. It adopted a charter in 1904 under 
which it was governed until 1913 when it adopted a 
commission form of government, which was replaced 
in 1916 by an elective city manager form. 

COMMISSION FORM OF GOVERNMENT. 

Under the twentieth article of the Constitution and 


CIVIL, GOVERNMENT OF COLORADO. 


45 


its amendments, several cities of the State have adopt¬ 
ed the commission form of government in which the 
entire government is vested in five commissioners, one 
of whom is mayor, the five constituting the legislative 
department of the city government. Each commis¬ 
sioner is at the head of a department, such as, Finance, 
Safety, etc. Under this form of city government the 
people in a charter adopted by popular vote decide 
what officers they will have, their duties, terms, pay, 
etc. 

What this chapter says about town and city offi¬ 
cers does not apply to cities under commission form of 
government. Neither does it apply to the few cities 
still governed under special charters granted by the 
legislature before Colorado became a state. 


CHAPTER X. 

STATE INSTITUTIONS 

Boards of control.—The educational, charitable, 
reformatory and penal institutions of the State are 
under supervision each of a body of persons called the 
board of control, commissioners or trustees. Except¬ 
ing the Regents of the State University, the members 
of these boards are appointed by the Governor, most 
of them with the consent of the Senate. The State 
Hospital, the Penitentiary and the Reformatory are all 
under the control of one board, the State Board of Cor¬ 
rections. 

Revenue.— The educational institutions and some 
of the others receive the proceeds of direct taxation on 
the assessed valuation of all the taxable property in the 
State. The State University has the largest revenue, 
the proceeds of a tax amounting to nearly one mill on 
the dollar. The Agricultural College gets some reve¬ 
nue from the United States and from the sale of State 
lands. The needs of the other institutions are met by 
direct biennial appropriations. The earnings of an 
institution are used for its benefit. 



46 


CIVIL GOVERNMENT OF COLORADO. 


Powers of boards. —These boards have in general 
the power of making regulations for the government 
of their respective institutions, of appointing professors 
and officers and fixing their salaries, and of expending 
the appropriations and revenue. 

Reports. —These boards or some of their officers 
make an annual or biennial report to the Governor or 
Superintendent of Public Instruction. 

Tuition. —At all the educational institutions the 
tuition is practically free to citizens of Colorado. 

THE UNIVERSITY OF COLORADO. 

Location.—Boulder. 

Object. —Its object is to provide the “best and most 
efficient means of imparting to young men and women, 
on equal terms, a liberal education and thorough know¬ 
ledge of the different branches of literature, the arts 
and sciences, with their varied applications.” 

Board of Regents.—The University is under the 
control of a board of six regents elected by the peo¬ 
ple of the State. Two regents are elected every second 
year (at general election of State officers) foy terms 
of six years. 

THE AGRICULTURAL COLLEGE. 

Location, —Fort Collins. 

Object —Its object is to afford “thorough instruc¬ 
tion in agriculture, and the natural sciences connected 
therewith.” 

Board of control. —The State Board of Agriculture 
has general control and supervision of this institution. 
It elects a secretary. 

Secretary’s duties. —The secretary collects informa¬ 
tion in regard to agriculture, keeps records of the trans¬ 
actions of the board and college, distributes seeds and 
plants, makes up the annual report, etc. 

Fort Lewis School. —The Fort Lewis School of Agri¬ 
culture, Mechanic and Household Arts, in La Plata 


CIVIL GOVERNMENT OF COLORADO. 


47 


County is under the same management and has the 
same general purpose as the Agricultural College. 

STATE SCHOOL OF MINES. 

Location. —Golden. 

Object. —Its object is to provide instruction in min¬ 
ing, metallurgy, engineering, assaying, geology, etc. 

STATE TEACHERS COLLEGE. 

Location. —Greeley. 

Object. —The purpose of this institution is “instruc¬ 
tion in the science and art of teaching,” and “in such 
branches of knowledge as shall qualify teachers for 
their profession. ’ * 

The diploma of the State Teachers College entitles 
the holder to teach anywhere in Colorado and is a life 
certificate. 

The State Normal School at Gunnison is under the 
same management and has the same purpose as the 
Teachers College. 

SCHOOL FOR THE DEAF AND THE BLIND. 

Location. —Colorado Springs. 

Object. —Every blind or deaf and dumb citizen of 
the State over six and under twenty-one years of age 
is entitled to receive an education in this school at the 
expense of the State. Persons over twenty-one may be 
admitted at the option of the board of trustees. If 
parents are able to pay for the support of their child¬ 
ren at this institution, they are required to do so. 

THE STATE HOSPITAL 

Location. —Pueblo. 

Object. —The object of this institution is the treat¬ 
ment and cure of insane persons. 

Inquest of lunacy.—The process by which a person 
is declared insane is called an inquest of lunacy. In 


48 


CIVIL GOVERNMENT OF COLORADO. 


every county the county judge appoints a lunacy com¬ 
mission consisting of two physicians. Upon complaint 
to the county court by a reputable person alleging that 
a person is so insane as to be incapable of caring for 
his property or as to endanger persons or property, 
the county judge refers the case to the lunacy commis¬ 
sion and acts upon their finding. Appeal may be taken 
from the finding to a jury. If the lunatic has pro¬ 
perty, the court appoints a conservator to manage it. 
The income of such property is applied to the sup¬ 
port of the lunatic and his family. Lunatic paupers 
are entitled to state support. 

STATE INDUSTRIAL SCHOOL. 

Location. —Golden. 

Object. —Boys between the ages of ten and sixteen 
convicted of offenses punishable by fine and imprison¬ 
ment for a shorter term than for life, may be sentenced 
to this school for their minority. 

The board of control may discharge or parole a 
boy when he has so far reformed as to justify it. 

The boys of the Industrial School receive instruc¬ 
tion in the common branches and in trades and are 
required to do a certain amount of work. 

A similar institution for girls is located near 
Morrison. 


STATE REFORMATORY. 

Location. —Buena Yista. 

Object. —The purpose of this institution is the pun¬ 
ishment and reformation of such males between the 
ages of sixteen and thirty, convicted of felony and mis¬ 
demeanors the punishment of which is imprisonment 
for more than ninety days and less than life, as the 
courts see fit. 

Sentences to the Reformatory are indeterminate, 
that is, not for a definite term. 

THE PENITENTIARY. 

Location. —Canon City. 


CIVIL GOVERNMENT OF COLORADO. 


49 


Warden.—The warden is appointed by the Governor 
and Senate for a term of two years. Under direction 
of the board of commissioners, he has general charge 
and supervision of the penitentiary. He appoints turn¬ 
keys and guards, enforces discipline, etc. 

Chaplain.—A chaplain conducts religious exercises 
in the penitentiary and performs other duties. 

SOLDIERS’ AND SAILORS’ HOME. 

Location.—Monte Yista. 

Object.—This institution is “for the care and treat¬ 
ment of honorably discharged soldiers, sailors and 
marines, ’ ’ who served in the Union army or navy in the 
Civil War or in the war with Spain. To be received, 
an applicant must have been a resident of Colorado for 
a year preceding his application, or a member of a 
Colorado regiment in the Civil War. 

OTHER STATE INSTITUTIONS. 

Other state institutions, whose titles indicate their 
purposes, are: State Home for Dependent and Neg¬ 
lected Children at Denver; State Home and Training 
School for Mental Defectives near Arvada; and the 
Industrial Workshop for the Blind at Denver. 


CHAPTER XI. 

ELECTIONS. 

Qualifications of voters.—In order to vote, a person: 

1. Must be over twenty-one years of age, 

2. Must be a citizen of the United States, 

3. Must have resided in the state one year, in the 
county ninety days, in the city or town thirty days 
and in the ward or precinct ten days, next preceding 
the election. 

Naturalization.—The Constitution of the United 



50 


CIVIL GOVERNMENT OS COLORADO. 


States defines a citizen of the United States to be “a 
person bom or naturalized in the United States and 
subject to the jurisdiction thereof.” It also gives Con¬ 
gress power to prescribe a uniform rule of naturaliza¬ 
tion. This Congress has done. To become a naturalized 
citizen a foreigner must reside in the United States five 
years. At least two years before admission to citizen¬ 
ship, he must declare under oath before a competent 
court,* his intention of becoming a citizen and renounce 
his former allegiance. When finally admitted he must 
prove his five years residence in the state or territory 
where he then is, take an oath of allegiance to the 
United States and again renounce his former alle¬ 
giance. 

Registration of voters.—The county clerk keeps a 
permanent register of the voters of precincts wholly or 
in part within the limits of cities. Upon this is entered 
the name, address and description of each voter. Voters 
must be registered fifteen days before election. 

In other precincts, the judges of election sit as a 
board of registry and make a list of persons qualified 
to vote. A copy of this list is posted in a conspicuous 
place and voters whose names are not on this list can 
have them inserted. 

No one is allowed to vote unless his name is on the 
registry list. 

Privileges of voters.—Voters cannot be arrested 
during their attendance at elections or in going to or 
returning from them, except for treason, felony or 
breach of the peace. 

Challenge of vote.—The vote of any elector may be 
objected to or challenged. The person challenged is 
required under oath to answer certain questions and to 
take an oath affirming his qualifications. The judges 
may still reject his vote if they believe him disqualified. 


•The courts before whose clerks this and the final oath may 
be taken are: 

Circuit or district courts of the United States; district and 
supreme courts of territories; and courts of record of any state 
having: a common law Jurisdiction and a clerk and seal. 



CIVIL GOVERNMENT OF COLORADO. 


61 


One challenger of each of the leading political parties 
is allowed within each polling place. 

Challenges may be made against the registration 
with the county clerk These must be made in writing, 
the persons challenged are notified, the county com¬ 
missioners decide the cases. 

Kinds of elections.—Elections are regular and spec¬ 
ial. Regular elections are those occurring periodically 
at fixed dates. Special elections are held to fill vacan¬ 
cies in certain offices, and in other cases where it is 
necessary to refer important questions to the people for 
immediate decision. The regular elections are the 
general election, town or city election and school 
election. For school election see Chap. VIII. 

Notice of elections. Notice of elections must be 
given by town, city and county clerks, by the publi¬ 
cation in newspapers and posted notices, of the date of 
the election, names of offices to be filled and the ques¬ 
tions, if any, to be voted on. The names of all candi¬ 
dates are also published. 

Nominations. —All nominations for office must be 
made under the provisions of the direct primary law 
except for officers of incorporated towns, for presiden¬ 
tial electors, and in special elections to fill vacancies. 

Political parties whose candidates at the last gen¬ 
eral election received at least ten per cent of the vote, 
may have their candidates’ names placed on the pri¬ 
mary ballot either by petition, three hundred signers 
being required in the entire State and ten per cent of 
the voters in smaller divisions, or, by nomination in 
assemblies. In these assemblies, or conventions, only 
one vote is taken on the candidates for each nomina¬ 
tion and all candidates receiving ten per cent of the , 
vote are certified and their names appear on the pri¬ 
mary ballot. 

On the second Tuesday of September the direct pri¬ 
mary election is held in each precinct. It is conducted 
by the .regular election officials at public expense. The 
voter votes as at the regular election. The candidates 
receiving the highest vote in each party have their 


52 


CIVIL GOVERNMENT OF COLORADO. 


names printed on the .regular election ballots. In 
precincts where 200 or more votes are cast, three extra 
judges called counting judges, are appointed. 

Candidates who do not wish to run under any party 
name may have their names placed on the ballot for 
the regular election by petition. 

All nominations either by petition or by certificate 
of assembly for both primary and regular elections are 
filed with the city clerk for city elections, with the 
Secretary of State for all divisions larger than a 
county and all others with the county clerk. 

Ballots.—All ballots are printed and delivered at 
public expense. Towns and cities pay for those used 
in municipal elections and counties for all others. Town, 
city and county clerks have charge of the preparation 
and distribution of ballots. The names of candidates 
for each office are arranged alphabetically each follow¬ 
ed by the name of the political party nominating him. 

Preferential ballot. —Cities working under com¬ 
mission form of government have the preferential bal¬ 
lot. By this the voter expresses one first choice, one 
second choice and as many third choices as he pleases. 
If no one has a majority on first choice, the first and 
second choices are added and if one candidate receives 
a majority of the added first and second choices he is 
elected. If no candidate receives such majority, the 
third choices are added and the candidate receiving the 
plurality of first, second and third choices added is 
elected. 

Polling places. —Polling places are supplied at pub¬ 
lic expense with a guardrail, one compartment or voting 
booth for each fifty voters in the precinct and a ballot- 
box. 

Only judges, clerks and voters (and interpreters if 
needed) are allowed within the guardrail. 


CIVIL GOVERNMENT OF COLORADO. 53 

Appointment of judges.—Every year the county 
commissioners appoint in each voting precinct three 
judges of election representing at least two political 
parties. These judges act at all elections until their 
successors are appointed. For municipal elections the 
town trustees or city council appoint the judges. 

Duties of judges.—The judges of election have gen¬ 
eral charge of the polling place and see that the pro¬ 
visions of the election law are complied with. They 
appoint two clerks to assist them. They proclaim the 
opening and closing of the polls, superintend the vot¬ 
ing and assist illiterate voters. On the closing of the 
polls they count the votes and certify the result to the 
city, town or county clerk. They return to him all 
ballots including those spoiled and unused. 

Manner of voting.—The voter gives his name to a 
judge who calls it out and checks it off the registry list. 
The voter receives a ballot endorsed with the initials of 
the judge supplying it. He retires to a booth, marks 
his ballot and hands it to a judge who numbers it and 
pastes down the corner covering the number. The 
voter’s name and the number of his ballot are entered 
on the po 1 ! book. The ballot is handed back to the 
voter who puts it into the ballot-box and at once leaves 
the polling place. If a voter spoils a ballot he can have 
another but no more than three in all. 

Miscellaneous provisions.—No soliciting of votes is 
allowed within one hundred feet of the polling place. 

Employes are allowed two hours in which to vote, 
without loss of pay. The polls are open from 7 a. m., 
to 7 p. m. 

Election day is a legal holiday. 

Provision is made whereby a voter who is away 
from home on election day may vote in the precinct 
where he happens to be. His vote is sent by mail to 
be counted by the board of canvassers of his own 
county. 


64 


CIVIL GOVERNMENT OF COLORADO. 


Statement of election expense. —All candidates and 
chairmen of committees disbursing money for election 
expenses must file sworn statements of all moneys paid 
out for campaign purposes, with the town, city or 
county clerk. They are published. 

General Election. —The general election is held in 
every precinct in the State on the Tuesday after the 
first Monday in November in even-numbered years. All 
elective precinct, county, state and national officers 
are voted for at the general election. 

Municipal election. —The municipal election, at 
which town and city officers are elected, is held the 
first Tuesday in April. 


CHAPTER XII. 

REVENUE. 

Assessment. —As soon after January 1 as possible 
the county assessor is required to deliver to each per¬ 
son of full age and sound mind in the county a blank 
property schedule or list. Upon this blank each per¬ 
son is required to list all his taxable property with 
the valuation of certain personal property. He must 
sign it, swear to its correctness and return it to the 
assessor. The assessor lists all property which the 
owner fails to list. He assesses the property so listed 
except what the owner or State Tax Commission is 
required to assess. 

Assessment roll. —The assessor makes out an assess¬ 
ment roll or book containing in alphabetical order, the 
names of all persons whose property has been listed, 
with a description of the property of each and its 
valuation. 

Board of equalization. —The assessment roll is sub¬ 
mitted to the county commissioners sitting as a board 
of equalization. They correct assessments and supply 
omissions. The county clerk notifies those persons in 
whose assessments material changes are thus made. 



CIVIL GOVERNNENT OF COLORADO. 


55 


The board of equalization sits again to hear complaints 
of, and make further changes in, the assessments of 
such persons. 

State Tax Commission. —A State Tax Commission 
consisting of three members appointed by the Governor 
and State Treasurer has general supervision over all 
tax matters, assessing public utilities, such as railroad, 
telephone, telegraph, express companies, etc., certify¬ 
ing such assessment to the various county assessors. 
They equalize assessments by adding or subtracting 
from the assessments as reported by the assessors of 
the various counties, hear complaints, appraise prop¬ 
erty in case of dispute, etc. Their final assessment has 
to be approved by the State Board of Equalization. 

Tax-book. —The assessor computes the taxes of each 
person whose name is on the assessment roll and deliv¬ 
ers the tax-book containing a list of the same to the 
county treasurer with a warrant requiring him to col¬ 
lect the taxes. 

Collection. —The county treasurer collects the taxes, 
keeping an account thereof and charging to each fund 
the amount belonging to it. The taxes are due one-half 
February last and one-half July 31. If not paid by 
August 1 they bear interest at the rate of fifteen per 
cent, per annum from that date. 

Tax sale of personal property. —After August 1 the 
county treasurer has power to seize and sell personal 
property for taxes. 

Delinquent taxes. —Before August 20 the county 
treasurer makes out a list of real estate upon which 
the taxes are unpaid. This is called the delinquent tax 
list. The treasurer publishes this list and on the second 
Monday in November sells for taxes real estate upon 
which the taxes are unpaid. Property thus sold may 
be redeemed by the owner within three years by pay¬ 
ment of the amount for which it was sold, all sub¬ 
sequent taxes, with interest and penalties. 


56 


CIVIL GOVERNMENT OF COLORADO. 


Exemptions.—The following named species of prop¬ 
erty are exempt from taxation: 

1. Property of the United States, Colorado or any 
municipality, 

2. Property used for religious worship, for schools, 
for charitable purposes, and public libraries, 

3. Irrigation ditches, canals and flumes used to irri¬ 
gate the lands of the owners, 

4. Cemeteries “not used or held for private or cor¬ 
porate profit,’’ 

5. The household goods of “every person being the 
head of a family, to the value of two hundred dollars. ’ ’ 


CHAPTER XIII. 

PUBLIC INDEBTEDNESS. 

Objects.—It is sometimes necessary for the State or 
a municipal corporation to go into debt for the erection 
of public buildings, the building of roads, bridges and 
the like, or, in case of a town or city, for water works, 
sewers or streets. Money is obtained for these pur¬ 
poses by the issue of bonds. 

Bond defined.—A bond is a 'formal certificate of 
indebtedness, bearing the seal of the corporation issuing 
it, issued for a specified purpose and having a limited 
time to run, with interest payable at stated periods. 
Bonds are signed by the chief executive of the corpor¬ 
ation issuing them, numbered, countersigned by the 
treasurer and registered usually with the treasurer. 

Authorization of bonds.—All bonds except certain 
refunding bonds must be authorized by a vote of the 
electors in the case of the State and by a vote of the 
property tax payers in all other cases. 

Refunding bonds.—Refunding bonds are such as 
are issued in lieu of other bonds, running usually for 
a longer time at a lower rate of interest. They may 
be issued in exchange for original bonds or may be sold 
and the proceeds applied to the purchase of such bonds. 



CIVIL GOVERNMENT OF COLORADO. 


57 


Payment of bonds.—Whenever bonds are issued, an 
annual levy of taxes must be made to pay the interest 
and when they become due an annual levy is made to 
pay them. 

Warrants.—Warrants are another form of public 
indebtedness. The running expenses of government 
for any year are met by the proceeds of the tax levy 
of that year. As these taxes are not collected until the 
next year, it becomes necessary to anticipate them by 
the issue of warrants or orders. These differ from 
bonds in not having the seal of the corporation 
attached, having no definite time to run and being 
issued without a vote of the people. They usually bear 
a higher rate of interest which accumulates until they 
are paid. They are signed by the chief executive 
officer and attested by the clerk. They must be pre¬ 
sented to the treasurer who registers them and endorses 
them with the statement that there are no funds and 
that they bear interest from the date of registration. 
They are paid in the order in which they are registered 


58 


CIVIL GOVERNMENT OF COLORADO. 


DEFINITIONS 


Acknowledgment. —An acknowledgment is an avow¬ 
al, before the proper officer, of one’s own act, to give 
it legal validity—applied to deeds, mortgages and oth¬ 
er writings. It is certified to by the officer before 
whom it is taken. 

Administrator.—The person appointed by the 
county court to manage and settle the estate of a per¬ 
son dying without a will. 

Appeal. —To appeal a case is to remove it from a 
lower to a higher court for re-trial or review. Cases 
may also be taken up on writ of error. 

Assault. —An assault is an unlawful attempt coupled 
with a present ability to commit a violent injury on the 
person of another. 

Assault and Battery. —“Assault and battery is the 
unlawful beating of another.” 

Bail.—A prisoner gives bail when he produces per¬ 
sons who promise in writing to pay into the public 
treasury a certain sum of money, if he, being liber¬ 
ated, does not appear in court on a day specified. If 
the prisoner cannot give bail he is imprisoned. The 
Constitution of Colorado declares all offences bailable, 
except capital offences in which the proof is evident 
or the presumption of guilt is great. 

Change of venue. —When either party to a suit 
before a justice makes oath that he believes that he 
cannot have a fair and impartial trial before such 
justice, it is the duty of the justice to transmit all 



CIVIL GOVERNMENT OF COLORADO. 


69 


papers and documents in the case to the nearest justice, 
who tries the suit. In courts of record changes of 
venue may be taken for reasons assigned in the law, 
such as; prejudice of the judge or people of a county, 
interest of the judge kri the result of the suit, his rela¬ 
tionship to either party, etc. 

Civil cause.—A civil cause, case or action is an 
action for the enforcement of or protection of private 
rights, or the redress or prevention of private wrongs. 

Court of record.—A court of record is a court in 
which an account of the acts and judicial proceedings 
of the court is written down and preserved for testi¬ 
mony, and which has a clerk and a seal. 

Criminal cause.—A criminal cause or action is an 
action prosecuted in a court of justice in the name of 
the people, against one or more persons accused of a 
crime. 

Felony.—Felony is the name for crimes of consid¬ 
erable gravity. In Colorado as defined in the Consti¬ 
tution, it is any criminal offense punishable by death or 
imprisonment in the penitentiary. 

Franchise.—A franchise is a right or privilege, 
granted by a government (including municipalities) to 
one or more persons, which does not belong to citizens 
generally, and which cannot properly be exercised by 
them without such grant. 

Freehold.—A freehold is an estate, or interest, in 
real property, which may descend to heirs, or is held 
for the life of the holder. 

Habeas corpus.—This literally/ ‘ have you the body. ’’ 
The phrase designates the most emphatic words of a 
writ, issued by a judge or court, commanding a person 
who has another in custody or in imprisonment, to have 
his body before the judge or court at a particular time 
and place, and to state the cause of his imprisonment. 
The person whether a sheriff, jailer or other person, 
is bound to produce the body of the prisoner at the 
time and place appointed; and if the prisoner is illeg- 


60 


CIVIL GOVERNMENT OF COLORADO. 


ally or improperly in custody, the judge or court will 
discharge him. Hence it is deemed the great security 
of the personal liberty of the citizen against oppression 
and illegal confinement. 

Information.—An accusation by which a person may 
be brought to trial for a crime without indictment by 
the grand jury. It is filed by the district attorney on 
his sworn statement or on the sworn statement of 
another. 

Injunction.—An injunction is an order issued by a 
court requiring a person to refrain from doing a par¬ 
ticular thing, or requiring such acts to be done as will 
give the plaintiff the full protection to which he is 
entitled—more often used in the former sense. 

Judgment.—A judgment is the final determination 
by a court of the rights of the parties in a legal action 
or proceeding. 

Jurisdiction.—Jurisdiction in its general sense is the 
power to make, declare or apply the law. When we 
say that the jurisdiction of the General Assembly or 
Governor is limited to Colorado, we mean that the laws 
made by the General Assembly do not apply to, and 
that the power of the Governor does not extend to, 
person or things outside of Colorado. 

When applied to courts it means the power to hear 
and decide causes and enforce the decisions. 

A court is said to have original jurisdiction in any 
affairs when suits concerning those affairs may be 
begun in that court. 

A court has exclusive jurisdiction in any affails 
when suits concerning such affairs can be begun in 
that court only. 

Two courts have concurrent jurisdiction in certain 
matters when suits concerning those matters may be 
brought in either court. 

When appeals can be taken from a court to a higher 
court, the latter is said to have appellate jurisdiction. 

Larceny.—Larceny is the wrongful taking of 
another’s personal property, with the intent to deprive 


CIVIL GOVERNMENT OF COLORADO. 


61 


him of it permanently. In Colorado, when the value 
of the thing stolen is twenty dollars or under, it is 
called petit larceny. 

Misdemeanor.—A criminal offence less than a felony 
punishable by fine or imprisonment in the county jail. 

Mandamus.—A writ issued by a court to an infer¬ 
ior tribunal, corporation or person exercising public 
authority, to compel the performance of an act speci¬ 
fied by law as a duty, or to compel the admission of a 
person to a right or office from which he is unlawfully 
excluded. 

Open venire.—The writ by which jurors are regu¬ 
larly summoned is called a venire facias. When this 
writ directs the sheriff in his discretion to summon 
jurors it is called an open venire. 

Personal property.—This term includes everything 
subject to ownership except real estate. 

Plaintiff.—The person who commences a suit to 
obtain a remedy for an injury to his rights. 

Real estate.—This term includes land and whatever 
is growing or erected upon it with whatever is beneath 
the surface. 

Summons.—A summons is a writ commanding the 
sheriff or other authorized officer to notify a certain 
person or persons to appear in court on a day speci¬ 
fied and for a purpose named in the writ. 

Writ.—A writ is a writing issued from a court and 
bearing its seal, commanding a person to do or not to 
do a certain thing. 

Writ of error.—A process issued by a court of 
appellate jurisdiction to a court of record requiring 
such court of record to send the record of an action 
upon which final judgment has been entered, to the 
appellate court in order that certain errors alleged to 
have been made may be examined and the judgment 
corrected, reversed or affirmed. 


INDEX 


Page 

Acquisition of territory. 1 

Adjutant-General . 22 

Admission of Colorado as a State. 3 

Adoption of Constitution . 3 

Agricultural College . 46 

Aldermen . 44 

Amendment of Constitution . 15 

Appeals from justice . 33 

Appellate jurisdiction of County Court. 31 

District Court . 29 

Supre!me Court -• •. 27 

Appointed officers . 22 

Appointing power of Governor. 17 

Apportionment of Senators . 10 

of Representatives . 11 

Assessment . 54 

Assessment roll . 54 

Assessor. 37 

Attorney-General . 20 

Authorization of bonds. 56 

Bailiffs.. 26 

Ballots . 52 

Bill defined . 12 

Boards of Control . 45 

Board equalization . 54 

Board Inspection Commissioners . 25 

Board Regents University Colorado . 46 

Bond defined . 56 

Bond of State Treasurer . 19 

Boundaries of Colorado . 1 

Canvass of votes for executive officers . 16 

Census and apportionment . 15 

Chairman county commissioners . 35 

Challenge of juror . 30 

Challenge of votes. 50 

Changes in Constitution . 15 

Change of venue, District court. 29 

Justice court . 33 

Police court . 33 

Chaplain of Penitentiary . 49 

Chief-Justice . 27 

City and County of Denver. 44 

Classes of cities and towns . 42 














































INDEX. 


63 


Tage 


Classes of school districts . 39 

Clerk of District court . 29 

Clerk of County court. 32 

Clerks of courts . 26 

Coal Mine Inspector . 24 

Collection of taxes . 55 

Commander-in-chief of militia . 17 

Commissioners’ districts . 34 

Commission form of Government. 44 

Committees . 10 

Confirming power of Senate . 11 

Congressional districts . 3 

Constable . 33 

Constitution . 4 

Constitutional convention . 3 

Constitutionality of bills. 28 

Contest of election, of officers executive department.... 16 

Coroner . 37 

County . 34 

County clerk and recorder . 36 

County commissioners . 34 

County court . 31 

County judge . 31 

County school fund . 41 

County school tax . 41 

County seat . 34 

County treasurer . 87 

Court of Appeals. 28 

Courts of the State. 26 

Delinquent taxes . 55 

Departments of government . 5 

Deputy sheriff . 37 

District attorney . 29 

District court . 28 

Directors of school district . 39 

Elections . 49 

Elective county officers . 34 

Enabling act . 2 

Executive department . 16 

Exemptions from taxation . 65 

Fees of jurors and witnesses. 31 

Fort Lewis School. 46 

Freedom of speech . 8 

French cession . 2 

Game and Fish Commissioner.. 23 

General Assembly . 7 

General election . 53 

Grand jury . 30 

Governor . 17 


















































64 


INDEX. 


House^of Representatives . 11 

Impeachment . 16 

Incorporation . 42 

Initiative and Referendum. 13 

Inquest of lunacy . 47 

Irrigation Division Engineers. 23 

Judges of Election.. 52 

Judicial districts . 28 

Jurisdiction of Police court . 33 

County court . 31 

District court . 29 

Supreme court . 27 

Jurors .....)..i. 30 

Jury in County court . 31 

District court . .. 30 

Justice’s court . 33 

Justices’ Courts . 32 

Justices’ precincts . 32 

Judicial districts . 28 

Judicial department . 26 

Juvenile Court.. 32 

Kansas . 2 

Legislation. 12 

Legislative department . 7 

Legislative powers of Governor. 18 

Licensing attorneys . 27 

Lieutenant-Governor . 18 

Louisiana . 2 

Manner of Voting . 53 

Mayor of city . 44 

Mayor of incorporated town . 44 

Meetings board county commissioners . 35 

Members of General Assembly. 8 

Message of Governor . 18 

Method of passing bills . 12 

Mexican cession . 2 

Military fund . 22 

Municipal corporations . 5 

Municipal election. 53 

National census . 15 

National Guard . 22 

National officers . 3 

Naturalization . 49 

Nebraska . 2 

New counties . 34 

New Mexico . 2 
















































*rrr 


INDEX. 


65 


PfLfT 0 

Nominations .-. g^ 

Notaries public . v ,.24 

Notice of election . . . ****’] gj 

Objects of laws ....... 12 

Offices at county seat. 34 

Official bonds .„.. . 5 

Official oath ...5 

Officers of cities .. 44 

Officers of legislative bodies .. 9 

Officers of school board . 40 

Ordinances. 43 

Organization of school district. 42 

Pardoning power of Governor. 17 

Parliamentary law . 9 

Payment of bonds. 56 

Pay of city and town officers. 43 

County commissioners . 36 

General Assembly . 9 

Officers . 6 

Penitentiary . 48 

Petit jury . 30 

Petitions. 14 

Polling places. 52 

Police courts. 33 

Posse ... 36 

Powers of county commissioners . 35 

School board . 40 

Boards qf Control . 45 

Government . 6 

Justice . 32 

Town government . 43 

Preferential Ballot. 52 

President pro tempore of Senate. 11 

President of school board . 40 

Privileges of voters . 50 

of members General Assembly . 8 

Property tax for road purposes . 38 

Publication of laws . 15 

Public Indebtedness . 56 

Public officers . 5 

Qualifications of County officers. 34 

District attorney . 29 

District judge . 28 

Members of General Assembly ... 

Voters . 

Voters at school election. 39 

Qualifying . ® 

Quorum . ‘ 


















































66 


INDEX. 


Page 

Recall from Office. 7 

Record of county court. 31 

Registration of voters . 50 

Removing power of Governor . 17 

Restrictions on legislation . 12 

Reports of boards of control. 46 

Refunding bonds . 56 

Revenue . 54 

Revenue bills .. 12 

Revenue of school district. 41 

Revision of Constitution. 15 

Road districts . 38 

Road overseers . 38 

Roads . 38 

Road poll-tax. 38 

Rotation of Senators . 11 

School district . 39 

School election . 39 

School for Deaf and Blind. 47 

Secretary of State . 19 

Selection of jurors . 30 

Senate . 10 

Senate committees . 10 

Senatorial districts . 10 

Sheriff . 36 

Soldiers’ and Sailors’ Home . 49 

Speaker of the House . 12 

Special school fund . 41 

State Auditing Board. 22 

State Auditor . 20 

State Board of Charities and Corrections. 25 

Canvassers . 21 

Education . 21 

Equalization . 21 

Land Commissioners. 25 

Medical Examiners . 24 

Pharmacy . 24 

State Engineer. 23 

State Highway Commission. 25 

State Hospital. 47 

State Industrial School. 48 

State Institutions . 45 

Statement of election expenses . 53 

State Militia. 22 

State Teachers College. 47 

State Reformatory . 48 

State school fund . 41 

State School of Mines . 47 

State Tax Commission. 54 

State Treasurer . 19 

State Veterinary Surgeon . 24 

Steam Boiler Inspector . 24 























































INDEX, 


67 


Page 

Superintendent of Public Instruction. 20 

Superintendent of schools. 38 

Supreme court . 26 

Supreme court reports. 28 

Supreme judges . 27 

Supreme executive . 17 

Surveyor . 38 

Tax book . 65 

Tax sale of personal property . 55 

Terms members General Assembly . 8 

Term of office . 6 

Terms of Supreme court. 27 

Territory of Colorado. 2 

Texan cession. 2 

Towns and cities. 42 

Trustees . 44 

University of Colorado . 46 

Vacancies in offices. 6 

Vacancy in office of County Commissioner. 35 

County judge. 32 

District attorney . 29 

District judge . 29 

Governor . 18 

School director . 41 

Member General Assembly . 9 

Supreme judge . 27 

Warden of penitentiary . 49 

Warrants . 56 

Water commissioners . 23 

Water divisions . 23 




























































































































THE HISTORY OF 
COLORADO 


By EUGENE PARSONS 


PUBLISHED BY 

HERRICK BOOK &, STATIONERY CO 
DENVER, COLORADO 
1920 




2 


THE HISTORY OF COLORADO. 


The first inhabitants of what is now Colorado are 
supposed to have lived in the San Juan country and the 
region to the south and west of it four thousand years 
ago. We do not know much about them. The pre¬ 
historic men of primeval Colorado were probably no¬ 
mad hunters who slept in caves. They were pretty 
low down in the scale of humanity. They were sav¬ 
ages. It may be conjectured that their ancestors came 
from the Pacific Coast, which was settled many thous¬ 
ands of years ago by men from Asia. As time passed, 
some of the California tribesmen roamed eastward. In 
the course of countless years the continent was popu¬ 
lated as far as the Atlantic by a race known as Indians, 
who are also called aborigines. This theory of the 
settlement of North America seems plausible. 

Some tribes of Indians remained wandering savages 
from age to age down to our time. They ranged widely 
in summer; they had a stationary camp in winter. 
Other tribes (or clans) settled down and built more 
or less substantial dwellings called pueblos or com¬ 
munal villages, also small isolated houses. Some of 
these habitations had tiny rooms, used chiefly for 
sleeping. The villagers cultivated fields nearby, rais¬ 
ing crops of maize, beans, melons, pumpkins, squashes 
and other vegetables. As they had no horses or oxen 
and no metal implements, their agriculture must have 
been rather primitive. Kernels of corn were planted 
with a pointed stick. 

In pre-Columbian times a sedentary, agricultural 
people, numbering perhaps hundreds of thousands, 
occupied the Southwest from Nevada to Oklahoma, in¬ 
cluding portions of Utah and Colorado. The ruined 
abodes of these prehistoric farmers, their weapons, 
their implements, their pottery and other remains tell 
of what was and is no more. The crumbling monu¬ 
ments of this gentle, progressive people may be seen in 
the valleys and canons of the Mesa Verde. Traces of 
them have been found as far east as Pagosa Springs, 


THE HISTORY OF COLORADO. 


3 


and they made scattering settlements as far north as 
Montrose County near the Utah Line. They were in 
southwestern Colorado a thousand years ago, possibly 
longer. Their origin, like theiy disappearance, is 
shrouded in mystery. 

These ancient Americans, who farmed or, rather, 
gardened in southwestern Colorado had fouy principal 
types of buildings: (1) peaceful homes built on the 
ground, pueblos erected in the fertile lowlands; (2) 
kivas (or estufas), temples and towers, used for re¬ 
ligious purposes and for council-chambers, also as a 
lounging place foy the men in winter and perhaps as 
a retreat for women in midsummer seeking to escape 
from the extreme heat; (3) houses built high up in the 
cliff walls of the canons, places of refuge in time of 
attack, strongholds, also cave-like receptacles hollowed 
out of the rocks in which to store food supplies; (4) 
fortified rocks, watch toweys, and other defensive 
works, with walls a foot thick or more and quite lofty, 
some towers being three or four stories high. 

The fortresses and towers and othey stupendous 
structures in the cliffs are more modern than the valley 
homes; they may have been built five or six hundred 
years ago; they were places of refuge when dangey 
threatened, for these ancient agriculturists were at 
times attacked and robbed by savages, the ancestors of 
the Utes and other warlike tribes. These mighty cita¬ 
dels weye constructed far up in the craggy sides of the 
gorges and were difficult of access. 

To the west of Durango are the most imposing ruins 
to be found anywhere in the United States. These ma¬ 
jestic monuments of a far away past strike the beholder 
with amazement. Some of these heaps of stone build¬ 
ings were once habitations of three or more stoyies in 
height. Many well preserved dwellings are perched on 
ledges or in niches of the cliffs hundreds of feet above 
the bottom of the canon. The inmates climbed up by 
narrow stairways cut in the steep, yocky approaches, 


4 


THE HISTORY OF COLORADO. 


or they used log ladders, which were afterward dyawn 
up. Immense overhanging rocks served as roofs and 
prevented access from above. Some of the most im¬ 
pressive of these architectural marvels are the Cliff 
Palace (discovered in 1888), Spruce Tree House, Bal¬ 
cony House, Peabody House, etc. These communal 
houses or villages, now left solitary and desolate, once 
sheltered hundreds of inmates. (Because of these 
unique edifices, a considerable area of this wonderland 
was set aside by the United States government as a 
National Park, in 1906. It is a magnificent recreation 
ground. 

An unfinished structure, uncovered in 1915, is sup¬ 
posed to have been a Sun Temple. This mute relic of 
a vanished race was evidently a place for worship. 
These peace-loving, industrious folks were very relig¬ 
ious. They worshipped the Sun and chanted incanta¬ 
tions to the raincloud, which they regarded as sacred. 
They made votive offerings to a spring, for water was 
then, as now, very precious in this semi-arid country. 

Who were they? They are variously called “town¬ 
building Indians,” Pueblos, Cliff Dwellers and Aztecs. 
The latter name has been objected to, because their 
Aztec origin is not established beyond a doubt, although 
a mass of evidence points in that direction. May there 
not have been some among them who were descendants 
of civilized Toltecs? 

Whence came they? Tradition tells of migrations 
of Mound Builders of the Mississippi Valley to the 
Southwest iyom twelve to fifteen hundred years ago; 
some of these adventurous wanderers, it is said, con¬ 
tinued their course into Old Mexico, and founded the 
Aztec Empire in the Valley of Anahuac, while others 
of this mysterious race settled in what is now Oklahoma 
and gradually worked their way westward into New 
Mexico, Arizona, Nevada, and northward into Colorado 
and Utah. This hypothesis is by no means well estab¬ 
lished. Another theory is that the former inhabitants 


THE HISTORY OF COLORADO. 


5 


of southwestern Colorado were the descendants of 
Mexican Indians who originally moved northward and 
formed settlements in New Mexico and neighboring 
commonwealths. That this earth-buyrowing people of 
the Mesa Yerde descended from the cave men living in 
the San Juan thousands of years ago is very improb¬ 
able. Possibly further researches will throw light on 
the origin of the Cliff Dwellers of southwestern Colo¬ 
rado, who were likely related to the differs of Utah 
and may have been cousins or half cousins of the an¬ 
cestors of the Pueblos living in New Mexico and Arizona 
to-day. 

A pathetic interest attaches to the fate of the old 
Cliff Dwellers. They vanished from the face of the 
earth centuries ago. One supposition (or speculation) 
is to the effect that the former inhabitants of south¬ 
western Colorado and their neighbors occupying the 
extended plateau watered by the Colorado River and 
its tributaries received a sudden call from Montezuma 
and loyally responded to save the Aztec Empire from 
the Spanish invaders. If this be true, the men who 
went to the aid of Montezuma presumably all perished. 
According to one story, handed down by the Hopis 
from father to son, the peaceful husbandmen of the 
Mesa Yerde were attacked by bands of predatory Utes 
from the North, who devastated the farms of the diff¬ 
ers and massacred them. The men bravely kept their 
foes at bay while the women and children fled by night 
to the desert uplands of northeastern Arizona, where 
the remnants of the clan found new homes on the sum¬ 
mits of lofty tablelands, accessible only by steep paths. 
There may be a basis of fact in the tradition. The 
Hopis, of all Indians of to-day, aye without doubt most 
like the Cliff Dwellers of southwestern Colorado in the 
fifteenth century. Perhaps it would be nearer the truth 
to say that the fugitives found homes among the Hopis, 
the widows and daughters of the Cliff Dwellers inter¬ 
marrying with Hopi men, thus producing a composite 


6 


THE HISTORY OF COLORADO. 


race. Another conjecture may be presented for what 
it is worth. It is believed that certain localities were 
deserted by the Cliff Dwellers because of the scarcity 
of water, due to change of climate. The destruction 
of forests by these very people may have caused springs 
and streams to dry up. It is probable that the rain¬ 
fall then, as now, was rather scanty at these great alti¬ 
tudes, from six to eight thousand feet above sea level. 
So an exodus of the differs from these sections took 
place when the struggle of life became too difficult. 
The thirsty land must be irrigated. 

The history of the Cliff Dwellers can never be 
written, because they left no writings other than picto- 
graphic records (or rock inscriptions), which may be 
described as no more than fragments of chronicles. 
They had no alphabet. Possibly some of the symbols 
painted on earthenware conveyed a meaning. Like 
the Aztecs of Old Mexico, they had no literature. 

Our conclusions respecting these prehistoric inhab¬ 
itants of Colorado are subject to revision, and yet we 
know a good deal about them. Indian traditions re¬ 
specting the Cliff people doubtless have some value. 
Jackson (who discovered ruined domiciles in Mancos 
Canon in 1874), Holmes, Fewkes, Chapin, Nordenskiold 
and other explorers have told us much concerning these 
sedentary agriculturalists. 

What manner of men were they? The Cliff Dwell¬ 
ers were the highest type of Indians in our country of 
whom we have learned anything. They had reached a 
cultural plane far above that of the Navajoes. Un¬ 
doubtedly they influenced the Navajoes, giving them an 
impetus in the direction of civilization. 

The Cliff Dwellers had a sense of beauty that ex¬ 
pressed itself in the decoration of ceramic work. They 
were artistic in decorating pottery. Says Holmes: 
“The pottery of the ancient tribes of the San Juan 
Valley is undoubtedly superior in many respects to 
that of the town-building tribes of to-day. It is es- 


THE HISTORY OF COLORADO. 


7 


pecially superior in composition and surface-finish.” 
Some of the ornamental designs are of intricate pat¬ 
terns and beautiful. One that has been discovered has 
a metallic luster. According to Nordenskiold, these 
agricultural Indians “had attained a very high rank 
in the art of making and ornamenting pottery.” The 
first persons who visited the ruins of the Mesa Verde 
and adjoining districts, in the 70’s and ’80’s, came 
across or dug up many broken pieces of pottery, em¬ 
bellished with paintings of flowers and quaint figures 
in bright blue colors. There are some elaborate mur¬ 
al paintings, the designs representing geometrical 
figures, rainclouds, human beings, animals, grotesque 
creatures, etc. 

These ancient craftsmen showed taste and skill in 
making baskets and in weaving fabrics of cotton and 
yucca. Besides clothes, they had belts, headbands and 
matting. They fashioned cups with handles, bowls, 
jugs, etc. Gourds were used to carry water. Among 
other tools they had stone hatchets, used in cutting 
down trees and trimming them for beams. 

The former builders of southwestern Colorado ex¬ 
celled all other American Indians in architecture, sur¬ 
passing the Mound Builders and the Pueblos of New 
Mexico and Arizona. The walls of massive buildings 
were for the most part of sandstone or limestone, very 
little adobe being used. The mortar was rubbed 
smooth with the hands. According to Holmes, the 
ruins along Aztec Spring Creek, south of Cortez, form 
the most imposing pile of stone buildings found in 
Colorado up to 1876. The group of houses covers an 
area of about 48,000 square feet, there being about 
1,500,000 solid feet of stone work. “The walls of 
Cliff Palace,” says Fewkes, “present the finest masonry 
known to any cliff-dwelling and among the best stone 
work in prehistoric ruins north of Mexico.” Chapin 
expresses the view that its discoverer, Richard Weth- 
eyill, “did not exaggerate the beauty and magnitude of 


8 


THE HISTORY OF COLORADO. 


this strange ruin/’ when he named it “Cliff Palace.’’ 

The masonry of secular rooms in most cliff buildings 
is inferior to that of kivas, which were intended for 
floods of dwellings were formed of clay tramped down; 
ceremonial purposes, especially religious rites. The 
the kiva floors were sometimes of rock. The kivas are 
generally sunken, subterranean apartments, circular 
or oval in shape, with an opening at the top. Besides 
its fireplace and slab of rock called an altay, the kiva 
has a hole in the floor named sipipu, said to be a sym¬ 
bolic opening into the underworld. Mysterious char¬ 
acters were marked on the walls of some kivas. These 
hieroglyphics likely have a religious significance, or 
did have to the initiated. The ancient builders realized 
the importance of a kiva so much that it was sometimes 
the first building erected in a new settlement. 

In some respects the villagers of the Mesa Verde 
were no better than some of the nomad savages of the 
country to the west of the Missouri. Their religious 
beliefs seem to have been practically the same. The 
Cliff Dwelleys had idols, rude images of the sun god 
and the earth goddess. One fetish in the form of a 
human being has been found. Figures of the cross and 
swastika were traced in pottery designs, and rock 
etchings of totems have been found among other picto- 
graphs. The priest, like the chief, was a man of more 
than ordinary importance in the community. The bod¬ 
ies of priests and chiefs were buried with vases of food 
close at hand, while people of the poorer class were 
cremated. 

With all the advancement made by the Mesa Verde 
people in the arts, especially in architecture, they had 
a rathey narrow mental horizon. They believed in a 
life hereafter. They had some music to lighten and 
cheer their rather colorless, monotonous lives. They 
amused themselves in various ways, with games and 
dances, and they frequently engaged in religious rites. 
They took life seriously. It was a struggle, and yet it 


THE HISTORY OF COLORADO. 


9 


meant more to the villager artisan or farmer than to 
the nomad Ute or Apache; it was not so animalistic. 

The men had their work, and the women theirs. 
Cooking was done in the open air, fires being lighted 
for the purpose in a plaza or on the southeast side of 
a building. They baked corn bread, the kernels of 
maize being ground on flat stones called metates. The 
men were of medium height, and their lithe, supple 
bodies were capable of great endurance. The women 
were rather small. 

The contrast between the Cliff Dwellers and the 
roaming redskins may be carried still further. The 
town-building Indians had permanent abodes, while 
the nomad tribesmen lived in tepees. The differs were 
peaceable, somewhat refined. They were monogamists. 
The status of their women was much higher than that 
of the squaws among the wild tribesmen, who were 
polygamists. The wives of the Cliff Dwellers did the 
lighter kind of work. Both sexes, however, led labor¬ 
ious lives. 

While a majority of the old differs were artisans 
and farmers, there were some adventurous spirits 
among them who wandered far and hunted. They 
were not “mighty Nimrods,” however. They had 
bows and arrows and lances, which they used to kill 
deer and antelope and other big game. They snared 
wild animals, and used nets to catch fish and birds. 
They caught waterfowl by stratagem, a man wearing 
a pumpkin mask waded in a river or lake up to his 
neck and dragged the birds by the legs under 
water one by one. They were not so great sportsmen 
as the wild Indians. As a Hopi legend runs, the Cliff 
Dwellers “lived by agriculture rather than by the 
chase.” They ate nuts and berries and other wild 
fruits, but their main dependence for a living was upon 
the products of the soil. These ancient Coloradoans 
farmed, on a small scale, by irrigation; they dug ca¬ 
nals, bringing water from rivers and storing it in reser- 


10 


THE HISTORY OF COLORADO. 


voirs against the day of drouth. A great gulf, how 
ever, yawned between the Cliff Dwellers and the Pike’s 
Peakers. 

Pitiful is the tragedy of a nation. The Cliff Dwel¬ 
lers went under because of the lack of “military pre¬ 
paredness. ’ ’ They were more numerous than the Utes, 
but not so warlike. They were for the most payt men 
of peace, not fighters. They were gentle, not timid. 
They fought long and well for their country. Time 
and again they repelled the onset of their foes. When 
the supply of arrows and lances was exhausted, they 
used clubs to beat back their remorseless assailants 
trying to climb up to the cliff dwellings, which clung 
like swallows’ nests to the walls of precipitous canons. 
The Utes were stronger and bigger physically; they • 
were better warriors, war being their chief occupation 
when not hunting. The Cliffeys put up an ineffectual 
resistance against their ravaging enemies. It was a 
losing struggle. They only staved off the day of doom 
by building fortresses in the cliffs. Finally discretion 
seemed the better part of valor, and the cliff people 
fled. It was a case of the survival of the strongest, not 
the fittest. 

As to the length of time this unnamed people lived 
in southwestern Colorado, there is room for difference 
of opinion. There are those who think that Aztec 
clans occupied the Mesa Verde or adjoining valljeys 
a thousand years, from 700 to 1700 A. D. 

That sedentary Indians inhabited the Arkansas 
Valley in prehistoric times and farmed by irrigation, 
as has been claimed, is a matter to which archeologists 
have not as yet given much attention. Says Fossett, 
in his handbook on Colorado (1876), p. 58: “Evidences 
have been discovered to show that Buckskin (in Park 
County) has been inhabited in the dim past by a people 
superior to the Indians, probably by that clan who, at 
an eayly day, built their cities in the cliffs of the moun¬ 
tains of Mexico.” 


THE HISTORY OF COLORADO. 


11 


It is idle to make such conjectures until archeolo¬ 
gists who have studied the remains of Pueblo architec¬ 
ture and other relics of the community-habitations 
found in the Southwest shall have thoroughly investi¬ 
gated the subject. 

THE WILD INDIANS OF COLORADO 

No one knows when the Utes first made the moun¬ 
tain valleys of Colorado their stamping ground. It 
was certainly a long while ago; perhaps before the 
tenth century. They are of Shoshonean stock. They 
have always been courageous and aggressive, though 
not so formidable fighters as some of their hereditary 
enemies of the plains. 

The Kiowas are comparatively recent comers to 
Colorado, which was their habitat for nearly two hun¬ 
dred years, although they ranged widely, from Canada 
to central Mexico, fyom Arizona to southern Texas. 
The upper Arkansas Valley and the plains of eastern 
Colorado were their hunting grounds early in the 
eighteenth century. According to one account, bands 
of Kiowa waryiors made raids into New Mexico, where 
they stole horses, so long ago as 1682. The Kiowas 
were formerly supposed to belong to the Shoshonean 
family, but lately have been placed in a class by them¬ 
selves, because of the fact that their language has 
apparently no linguistic affinities with the tongues of 
other tribes that lived near them about the headwaters 
of the Columbia and Missouri Riveys. They are quite 
likely cognate with some of these tribes. Their orig¬ 
inal home was in the Northwest, for they have a tra¬ 
dition of coming from over the mountains. They 
crossed the Montana Rockies several centuries ago, and 
latey drifted south on the Eastern Slope. Because of 
their unruly and bloodthirsty dispositions, the Kiowas 
figured largely in frontier annals. They continued 
at war with the Cheyennes and Dakotas until about 
1840, when a lasting peace was arranged. The story 
is told of their making a tyeaty of friendship and al- 


12 


THE HISTORY OF COLORADO. 


liance with the Comanches in 1790 (or 1795). For 
some time previous to 1840 (and after) that part of 
Colorado south of the Arkansas was Comanche country. 
After that year the Kiowas also occupied it, making 
frequent raids into New Mexico, Texas and Old Mex¬ 
ico. Captain Lewis described them (in 1805) as “a 
wandering nation.’ ’ They were good horsemen and 
fierce fighters. They depended chiefly upon buffalo 
and other big game for food. Says Mooney: ‘ ‘ Unlike 
the neighboring Cheyenne and Arapaho, who yet re¬ 
member that they once lived east of the Missouri and 
cultivated corn, the Kiowa have no tradition of ever 
having been an agricultural people or anything but a 
tribe of hunters.” 

The Arapahoes and Cheyennes were allies for a long 
while before they set foot on the soil of Colorado in 
1795 or about that time, and the affairs of the two 
tribes were for many years afterward inextricably 
bound up together. The records of their relations 
form more or less of a tangled skein. In telling the 
story of the Arapahoes it is necessary to tell much of 
the story of the Cheyennes. These two Colorado tribes 
occupied the country north of the Arkansas River, or, 
rather, roved over it. For more than a half century 
they ranged from the Yellowstone to Santa Fe. They 
are of Algonquian stock. In the first half of the eight¬ 
eenth century they were a settled, agricultural people 
in “the land of the Dakotas.” Then they drifted away 
from the main body of Algonquian tribes in Minnesota, 
gradually moving westward into Wyoming. Later in 
the eighteenth century they raided into eastern Colo¬ 
rado, and from that time on for nearly three quarters 
of a century they made summer excursions into the 
mountain valleys, hunting and fishing, or wandering 
over the plains, pitching their tepees along the streams. 
The Arapahoes and Cheyennes camped, hunted and 
made war together, yet their languages were dissimilar; 
the men, women and children of one tribe could not 


THE HISTORY OP COLORADO. 


13 


carry on mucli conversation with those of the other 
tribe without resorting to signs. The Cheyenne tongue 
is quite easy to learn, while the Arapahoe tongue is 
very difficult and highly original. The Arapahoes were 
sometimes called “Blue-sky men,” because they were 
peaceably inclined in comparison with the Cheyennes 
and some other tribesmen of the Gyeat Plains. The 
Cheyennes were intellectually and physically superior, 
not only to their friends, the Arapahoes, but to the 
other Colorado tribes. Up to the middle of last cen¬ 
tury and somewhat later the Arapahoes and Cheyennes 
were fairly well off and happy as Indians go, for they 
had meat in plenty. Buffalo and other big game 
abounded on the plains and in the mountains. Later 
years saw an ominous decrease of the bison, which 
furnished the red men food, clothing and shelter. The 
predatory nomad warriors, however, weye not satisfied 
to live in peace with their neighbors. They often in¬ 
vaded the fastnesses of the Rockies and surprised the 
villages of the Utes, returning with the ponies and 
scalps of their mountaineer foes and boasting of their 
prowess. They said little of the affrays in which they 
were worsted. They had many scrimmages with the 
Pawnees of Kansas, and were occasionally at war with 
the Kiowas before 1840. A favorite pastime of the 
Arapahoes and Cheyennes was to run off horses belong¬ 
ing to gold seekers, either on the way to California or 
returning from the Golden Gate in the midcentury 
and later. Such was the life of the copper-colored 
denizens of the plains prior to the rush to Pike’s Peak. 
They never made any advancement and did nothing to 
develop Colorado. 

The Navajoes and Comanches are hardly to be 
classed as Colorado tribes. From time immemorial 
bands of Navajoes roamed in southern Colorado, at 
times raiding the Cliff Dwellers, but they seem never 
to have had any large part of our State as a habitat 
for any great length of time. The Comanches, too, are 


14 


THE HISTORY OF COLORADO. 


to be considered one of the Southern tribes, al¬ 
though their early habitat embraced portions of eastern 
Colorado. They usually camped in New Mexico, Okla¬ 
homa or Texas.. 

PERIOD OF SPANISH AND FRENCH OCCUPATION 
1540-1803 
Coronado 

The celebrated Spanish explorer, Francisco Vasquez 
de Coronado, headed an expedition from Mexico that 
traversed various portions of the Southwest, 1540-1542. 
He started (in April, 1540) from Culiacan, with a cav¬ 
alcade of 250 Spanish horsemen, seventy footmen, some 
friars and more than a thousand friendly Indians and 
servants. Then he pushed on through the Arizona wild¬ 
erness at the head of an advance party, about one hun¬ 
dred cavaliers and footmen, in search of the famed 
“Seven Cities of Cibola,” of which only Zuni (a small 
pueblo in the western part of New Mexico) remains to 
this day. 

After a furious attack the soldiers captured one of 
the Cibola strongholds, a village of stone and adobe 
houses five or six stories high and with flat roofs. No 
treasures of gold or precious stones were discovered. 
The worn and hungry invaders did, however, find corn, 
beans, fowls and excellent salt. The inhabitants, who 
fled, wore cotton and deerskin garments and had buf¬ 
falo robes, well tanned. A company of cavaliers visited 
Hopi-land, to the northwest, and the Grand Canon of 
the Colorado was seen for the first time by Europeans. 
As scouting parties wandered far and wide in all direc¬ 
tions, it may be that some of Coronado’s soldiers en¬ 
tered southwestern Colorado, as has been conjectured. 

Turning their faces eastward, the Spaniards jour¬ 
neyed through central New Mexico, finding numerous 
clusters of immense communal habitations along the 
Rio Grande, some of them larger and better supplied 
with food (corn, beans and cantaloupes) than the Ci¬ 
bola settlements. Most of these community-structures 


THE HISTORY OP COLORADO. 


16 


had hundreds of inmates. In one pueblo there were 
houses with seven stories. Another strong village, four 
stories high, is now identified with the noble ruin of 
Pecos. The sedentary, peace-loving clansmen occupy¬ 
ing these large pueblos cultivated nearby patches of 
land by irrigation. They were terrified to see strange 
men in armor, riding horses; they had never looked 
upon such men or animals before. 

Some of the explorers skirted the Buffalo Plains, 
proceeding north as far as Taos. The Spaniards win¬ 
tered at Tiguex, a little north of the Albuquerque of 
to-day. They had some fierce encounters with the na¬ 
tives. The people .resented the presence of the light¬ 
skinned aliens, who had come to take possession of 
their country. The town-building Indians put up an 
ineffectual resistance with their rude weapons against 
mailed conquistadores armed with muskets and cross¬ 
bows. 

In the spring of 1541 Coronado with a large force 
set out eastward for “Quivira,” said to be a rich and 
populous place. They plodded many weary miles over 
the boundless expanse of rolling prairie in Texas and 
Oklahoma. They saw vast herds of bison. Leaving 
most of his “army” behind, the leader with thirty 
horsemen and a friar rode in a northerly direction, 
many days’ marches, to the Indian villages in northern 
Kansas, said to be Quivira. Parties of Spanish cava¬ 
liers then explored the surrounding country, some of 
them venturing into the Pawnee country of southern 
Nebraska. Neither gold nor silver was found in the 
course of their long wanderings. 

Sadder but wiser men, the disappointed Spaniards 
retraced their course from the Buffalo Plains to New 
Mexico, arriving at Tiguex in October. Some writers 
think the return march from the fabled seven cities of 
Quivira was over the line of the Old Santa Pe Trail, 
along the Cimarron River in the extreme southeastern 
corner of Colorado. Others trace the return route of 


16 


THE HISTORY OF COLORADO. 


Coronado’s expedition to the east and south of Colo¬ 
rado, across the northwestern corner of Oklahoma into 
New Mexico. (See “Spanish Explorers in Southern 
United States.” edited by F. W. Hodge, and “The 
Journey of Coronado,” edited by G. P. Winship.) “His 
romantic march,” says Thwaites, “stands in history as 
one of the most remarkable exploring expeditions of 
modern times.” On this ill-starred enterprise the dar¬ 
ing leader and his followers suffered much from hun¬ 
ger, thirst and fatigue. Many of his ‘ ‘ army ’ ’ miserably 
perished in the Cibola country or in the villages of 
“famous high houses” farther east. 

Moscoso 

A Spanish explorer of note, Luis de Moscoso de Al¬ 
varado, accompanied Hernando de Soto on his disas¬ 
trous expedition through the South to the Mississippi 
River and succeeded him in 1542. It is said that the 
remnant of the Spanish forces under Moscoso journeyed 
westward to the Buffalo Plains and that a scouting 
party penetrated eastern Colorado. This account is 
highly improbable, his course taking him by a southerly 
route (probably through Texas) to Mexico. 

Onate 

In 1598,Juan de Onate set out from Zacatecas with 
a considerable company of men to colonize New Mexico. 
They founded Santa Fe in 1605. It is said that some 
Spanish adventurers explored San Luis Valley and 
discovered gold near the present site of Fort Garland. 
Possibly tbjey worked gold and silver mines in the San 
Juan country. 

The lure of the precious metals brought other Span¬ 
ish prospectors in the seventeenth century into various 
parts of Colorado, and bands of French adventurers 
made a number of journeys over the plains in the first 
half of the eighteenth century. For a period of about 
eighty years, 1682-1762, Louisiana, including eastern 
Colorado north of the Arkansas, was nominally French 
Territory. 


THE HISTORY OF COLORADO. 


17 


Valverde 

In 1719, Antonio Valverde y Cossio led an expedi¬ 
tion that advanced northward from Santa Fe into 
eastern Colorado a long distance. These Spaniards are 
believed to have marched beyond Pike’s Peak as far 
as the South Platte River, and they may have camped 
on the site of Denver, a portion of which was named 
Valverde after this intrepid leader. Other Spanish 
soldiers followed in his wake. 

Rivera 

In 1761, Don Juan Rivera headed a party of Spanish 
adventurers who searched for the precious metals in 
the San Juan and the Gunnison Valley. These daring 
prospectors are said to have found some gold in the 
course of their meanderings, probably not much. The 
first American prospectors in the San Juan “found 
many traces of Rivera’s mining operations a hundred 
years before.” 

A numbey of other expeditions of gold seekers from 
Mexico (New Spain) prospected the Rocky Mountains 
in the latter part of the eighteenth century, one party 
doing a little mining in the vicinity of Long’s Peak. 
They made no remarkable discoveries of mines of gold 
or silver. It is said that some deposits of the white 
metals were found near the Georgetown of to-day. Al¬ 
though they came across no bonanzas, still these enter¬ 
prising swashbucklers kept up the quest. 

Escalante 

Perhaps the best known of the Spanish explorers of 
the time was the Franciscan priest, Silvester Velez de 
Escalante, who with another Franciscan, Atamazio 
Dominguez, set out from Santa Fe, July 29, 1776, to 
find a good northern route to Upper California. They 
were accompanied by a cavalcade of retainers. They 
passed through portions of southern and western Colo¬ 
rado and named several rivers that they crossed—the 
Piedra, Florida, Animas, Mancos, Dolores, etc., also 
the mountains. These Spaniards charted the lands that 


18 


THE HISTORY OF COLORADO. 


they traversed, described the tribes and the botany of 
the country, and wrote a full narrative of the expedi¬ 
tion. It is a valuable account of their wanderings and 
observations. The Escalante Hills (in Rio Blanco 
County) were named in honor of the leader. 

In 1762, Louisiana was ceded by France to Spain. 
Louisiana then included eastern Colbrado between the 
Arkansas River and the Wyoming line as far west as 
the Continental Divide. In 1800, the province again 
passed into the hands of France. In 1803, it was ceded 
by France to the United States. This vast area is called 
the Louisiana Purchase. Although French explorers 
time and again set foot on the soil of eastern Colorado 
before it became a part of United States territory, they 
never made any settlements here that we know any¬ 
thing of. 

PERIOD OF AMERICAN EXPLORATION AND 
PROSPECTING, 1804-1861 

The first American (Anglo-Saxon) who set foot on 
Colorado was James Puxsley (or Purcell), a Kentuck¬ 
ian, who in 1804-5 traded with the Indians on the plains 
and ventured into the virgin wilderness of the Rockies. 
He found a little gold somewhere in South Park, as he 
later told Captain Pike in Santa Fe. 

Pike 

The year of 1806 is memorable in Western annals 
because of the exploring expedition headed by Zebulon 
Montgomery Pike, whose name is kept alive in the pop¬ 
ular mind because it is attached to the most famous 
peak of the Rockies. Pike was a soldier of fortune 
whose short life was full of distinguished services. He 
was a hero. He faced perils and underwent hardships 
unflinchingly in the inhospitable wilderness; he wel¬ 
comed an opportunity to serve his country, and was 
ready to die for his country. He left his impress on 
American character; he put iron into the Colorado 
spirit. His example has nerved prospectors, miners 
and engineers who followed in his footsteps, bucking 


THE HISTORY OF COLORADO. 


19 


against the Rockies. 

Pike started on his second expedition July 15, 1806. 
From St. Louis the party sailed up the Missouri River, 
and then rode on horseback or tramped many hundred 
miles through the interior of Louisiana. On November 
15 Captain Pike, who, with Dr. Robinson, was riding in 
advance of his little band of soldiers, sighted the crest 
of the mighty mountain that bears his name. 

About a week later the explorers (fifteen besides 
Pike) camped on the present site of Pueblo, and on the 
afternoon of November 24 Pike, with three men, set 
out on foot to ascend the “Grand Peake.’’ This ardu¬ 
ous adventure consumed five and a half days and re¬ 
sulted in failure. They did, however, scale Cheyenne 
Mountain or some other nearby eminence. Then the 
intrepid leader and his companions marched up the Ar¬ 
kansas River through a blinding snowstorm and 
entered the maze of unexplored mountains. Not know¬ 
ing what was before them they went ahead. In mid¬ 
winter they crossed the rugged ranges, trudging along 
on foot, undergoing many sufferings and privations. 
The half-starved explorers displayed the fortitude of 
Roman soldiers. Their peregrinations took them to the 
headwaters of the South Platte and Arkansas Rivers. 
On December 22 Pike and two men ascended a high 
point in the mountainous country between Granite and 
Twin Lakes and surveyed the desolate landscape. This 
was the farthest north reached by the expedition. At no 
time did they cross the Continental Divide. They were 
saved from starvation by running across a small band 
of bison in a mountain fastness. They spent a cheer¬ 
less Christmas in camp, drying buffalo meat. 

Greater horrors, if possible, were before them on 
the march southward. Some of the horses had bad falls 
over precipices and were disabled or shot. The men 
were then obliged to make sleds and haul the loads. 
The struggling parties made slow progress in the tre¬ 
mendous chasm, since named the Royal Gorge. In 


20 


THE HISTORY OF COLORADO. 


his journal (January 4,1807) Pike tells of their terrible 
experiences: “Marched about five miles on the river, 
which was one continued fall through a narrow chasm, 
with immense cliffs on both sides. Near night I came 
to a place where the rocks were perpendicular on both 

sides-hungry, weary and dry.” The following day 

he emerged from the gorge and reached his former 
Canon City camp (which he had left December 10). 

Pour days later the stragglers had all showed up. 
They constructed a blockhouse, and here they should 
have remained till spring, but the indomitable spirit 
of the young United States officer knew no rest—again 
he was on the go. Two men were left to take care of 
the baggage and look after the broken-down horses, 
while the rest set out ostensibly to find the source of 
Red River. In reality Pike was to get information for 
General Wilkinson, who was involved in Burr’s con¬ 
spiracy and wanted to learn something about the 
geography of the country across the border. 

‘ ‘ The terrible trip Pike ventures now to make, ’ ’ ob¬ 
serves Coues, “should not have been attempted in the 
dead of winter with his miserable outfit.” He and Dr. 
Robinson and the little band of ill-equipped soldiers 
tempted fate by bucking against almost impassable 
mountains. They stumbled along, every man heavily 
loaded, carrying a pack and arms weighing on the 
average seventy pounds. The wonder is that they did 
not all perish in that fearful midwinter march through 
the Wet Mountains and the Sangre de Cristo Range. 
The cold was intense. Here and there men gave out 
and were left behind with frozen feet, while the others 
struggled along, without provisions days at a time. 
Weak and faint and cold, the leader was at one time in 
desperate straits when a buffalo fortunately crossed his 
path and was shot. One day it snowed so hard that 
Pike could not see ten yards before him, and he had to 
guide his course by the compass. At night they made 
a little shelter by piling up pine boughs. “We lay 


THE HISTORY OF COLORADO. 


21 


down,’ 7 he writes, 4 4 and strove to dissipate the ideas of 
hunger and misery by thoughts of our far distant homes 
and relatives. ’ 7 The next day matters reached a crisis. 
With death staring them in the face the leader himself 
was discouraged; it was the only time on the expedition 
that his resolute spirit failed him. 

Three more bison were killed, and the poor fellows 
were saved. Their troubles and perils were not over, 
but the worst was passed. Having crossed the Sangre 
de Cristo Range, they emerged into the San Luis 
Valley, more dead than alive. On the evening of Jan¬ 
uary 30 they struck the Rio Grande del Norte near the 
present town of Alamosa. Moving down stream to the 
Rio Conejos, they built a stockade of cottonwood logs. 
Soon afterward the intruders in New Spain were cap¬ 
tured by dragoons acting under orders of the Spanish 
governor of New Mexico. After a short stay in 
Santa Fe, Pike was escorted to Chihuahua and then to 
Natchitoches in Louisiana. The Spaniards recognized 
their prisoner to be a hero and treated him with marked 
consideration. Meanwhile he took notes of his obser¬ 
vations. His itinerary in Colorado lasted nearly three 
and a half months (November 13 to February 26). 

One unfortunate result of the expedition may be 
mentioned. Pike was partly responsible for the myth 
of the 44 Great American Desert.” He thought the 
parched plains were of no account for agriculture. 

When in Kansas Pike learned of a large party of 
Spaniards who marched northward into the Plains 
Country to intercept his expedition, of which they had 
heard. Not finding any Americans (who had not yet 
arrived on the scene), they rode away up the Arkansas 
nearly to the base of the Rocky Mountains and then 
proceeded south to Santa Fe. This force, six hundred 
men, was under command of Lieutenant Malgares. 

Long 

The expedition led by Major Stephen H. Long, 
U. S. A., journeyed up the South Platte River in the sum- 


22 


THE HISTORY OF COLORADO. 


mer of 1820, camping on the present site of Denver July 
5. Skirting the foothills and mountains, they pro¬ 
ceeded southward to the Garden of the Gods. Dr. 
Edwin James and two ambitious comrades surmounted 
the dome of Pike’s Peak July 14; they were the first 
men to make the ascent, which Captain Pike believed 
to be impossible. In the course of their explorations 
members of the expedition discovered the mineral 
springs in what is now Canon City. Then they rode 
eastward down the Arkansas River. Their wanderings 
in Colorado consumed only five weeks. The scientists 
gathered much valuable information about the fauna 
and flora of the plains. They were not afraid to rough 
it. The reports of the expedition describe the semi- 
arid country of the Buffalo Plains as the ‘ ‘ Great Ameri¬ 
can Desert.” This fallacy respecting the agricultural 
possibilities of a fertile region was slow dying. A 
prominent mountain of the Front Range was named 
Long’s Peak for the leader, and the mountain ascended 
by James was christened in his honor James’ Peak. So 
long ago as 1835 or earlier, however, the trappers and 
other frontiersmen began to call it Pike’s Peak. 

Fremont 

John Charles Fremont played as important a part 
as his illustrious predecessors, Lewis and Clark, in stak¬ 
ing out the nation. In 1842, he was sent to explore the 
trans-Missouri country in the interest of the westward 
emigration movement, then setting toward Oregon. A 
transcontinental route from the States to the Far West 
was desirable, too, for commerce. He was not entitled 
to the sobriquet of “Pathfinder,” for the trappers knew 
all the passes and trails of the ranges of the Rocky 
Mountains long before Fremont ever came here. It 
was something to his credit, however, to believe in and 
work for mountain railways, which were built not 
many years afterward through the mountainous por¬ 
tions of Colorado. He advanced the industrial develop¬ 
ment of the West. Fremont rendered valuable service 


THE HISTORY OF COLORADO. 


23 


to geography when on his five expeditions, in 1842, 
1843-44, 1845, 1848 and 1853. He was as venturesome 
as Pike and as lucky. He had courage and grit. Un¬ 
like the trapper, he had intellectual attainments, and 
he made scientific observations. His reports of his 
Western expeditions were read with prodigious interest. 
He had a vivid way of expressing himself. Some of 
his descriptions and narratives are prose poems. In 
the midcentury and especially in 1856, when Fremont 
was the standard-bearer of the new Republican party, 
his writings fascinated old and young alike. The ad¬ 
ventures of the explorers with buffaloes and Indians, 
the hardships of the party, the tale of hunger and 
thirst, of mountain climbing and crossing the desert, 
left as indelible an impression on the boy readers of that 
time as “Robinson Crusoe.” The charm of mystery 
still hung over almost everything west of the Mississ¬ 
ippi, and books relating to this terra incognita were 
devoured with eager curiosity. Fremont played a part 
in the train of events affecting the settlement of the 
Rocky Mountain country. He helped win California— 
that was his supreme service. Soon afterward gold 
was discovered on Sutter’s Ranch, and this event led 
to prospecting for “colors” on the Eastern Slope of 
Colorado. The finding of gold in Ralston Creek, by 
the Cherokees in 1849, caused Green Russell to organize 
an expedition that came here in 1858. So one thing 
leads to another. Fremont belongs to Colorado as well 
as to California. It is fitting that a high pass (in Lake 
County) was named in his honor, also a county of our 
State. 

Gunnison 

Captain John Williams Gunnison, U. S. A., was 
another man whose influence counted for something in 
the development of Colorado. His explorations showed 
that a railroad through the mountains was a feasible 
undertaking. In the summer of 1853 he traversed 
southern Colorado, then he boldly penetrated the moun- 


24 


THE HISTORY OF COLORADO. 


tain fastnesses of central Colorado and proceeded 
westward across the desert of western Colorado into 
Utah, where he met a tragic fate. A river, a county 
and a town were named in his honor. 

Among the frontiersmen (not already mentioned) 
who at one time or another figured in Colorado annals 
before the Pike’s Peak rush, some characters of more or 
less celebrity in the category of trail-blazers, freighters, 
Indian traders, trappers, hunters or soldiers may be 
named: Colonel Hugh Glenn, Major Jacob Fowler, 
Colonel Henry Dodge, Jim Beckwourth, “Old Bill” 
Williams, Lucien Maxwell, “Uncle Dick” Wootton, 
Thomas Fitzpatrick, Jim Baker, Bill Garey, Elbridge 
Gerry, Antoine Roubideau, John Smith, “Old Scout” 
Wiggins and William T. Eubank. The literary travelers, 
Wislizenus, Farnham, Sage, Parkman and Ruxton 
passed this way. In 1856, Sir George Gore, of Ireland, 
headed a hunting expedition on the plains and in the 
mountains. Captain R. B. Marcy conducted a military 
expedition through the Colorado Rockies in the winter 
of 1857-8. In 1852, Fort Massachusetts, a military post 
for U. S. troops, was established at the base of Sierra 
Blanca. In 1858, Fort Garland was erected nearby. 

Fur Traders and Trappers 

So long ago as 1808 a small company of venture¬ 
some trappers penetrated “the howling wilderness” 
of Colorado. They found beaver plentiful, and thence¬ 
forth bands of roving men pitched their tents along 
the streams and set their traps for fur-bearing animals 
whose skins were valued then (and are valued now) 
as articles of wearing apparel. The building of Belle¬ 
vue Post in 1810 and of Astoria in 1811 marked the 
beginning of the organized fur trade in the Far West. 
The business rapidly developed, and erelong the fur 
companies of our country had upward of a thousand 
persons in their employ west of the Missouri River. 
The annual traffic varied somewhat, year by year, from 
one hundred thousand dollars to three hundred thou- 


THE HISTORY OF COLORADO. 


25 


sand dollars (or half a million or more in present-day 
currency). Besides, the Indian trade was a source of 
big profits; the red men exchanged buffalo robes and 
deerskins for beads, trinkets, steel arrowheads and 
“fire water,” getting the worst of the bargain gen¬ 
erally. Of the mountain men, as the trappers used to 
be called, a majority were French creoles or French 
Canadians; they drifted from the South or the North 
to St. Louis in the first quarter of last century. How¬ 
ever, there were some Americans, Europeans and Mex¬ 
icans engaged in the business; they felt the fascination 
of rough life beyond the pale of civilization. In the 
heroic age of the West the trapper with his odd costume 
and rugged exterior was a picturesque figure. That 
far-off time has been characterized as “a romantic era” 
in the history of the Rocky Mountain country. 

The fall and spring were the seasons chosen for 
trapping. The furs obtained in February and March 
were of superior quality. The voyageurs lay by dur¬ 
ing spells of cold weather in December and January. 
In May and June small parties carried packs of furs 
on horses (or perhaps by boat part of the way) to 
Roubideau Post, now known as St. Joseph, or to St. 
Louis, where they purchased supplies of goods, am¬ 
munition, coffee, sugar, etc. 

The beaver-hunters of the trans-Missouri region 
were pathfinders. They explored the recesses of the 
wilderness, discovered mountain passes and sailed 
rivers. If they had been educated men, they might 
have made valuable contributions to geography. When 
fur trading was at a low ebb, in the ’40’s and ’50’s, the 
idle trappers served as guides and scouts for govern¬ 
ment surveys and military expeditions in the inter¬ 
mountain country. Adventurous emigrants, bound for 
Oregon or California, were glad to avail themselves of 
the mountain man’s knowledge and experience. 

According to tradition, Captain Lupton headed a 
company of trappers who came to the Rocky Mountains 


26 


THE HISTORY OF COLORADO. 


northwest of Denver about the year 1818. They were 
in the service of the American Fur Company, which 
had its headquarters at St. Louis. Foy some time they 
had a rendezvous on the South Platte about twenty 
miles north of Denver. A trading post was established 
there, and it is said that in 1834 (or earlier) Lupton, 
who is supposed to have been a Spaniard or Spanish- 
American, built the adobe structure known as Fort 
Lupton. It was located a little distance north of the 
station named for the trading establishment. He was 
then trapping on his own hook, evidently. A frontiers¬ 
man who met the old trapper on the Platte, about the 
year 1854, says he was called Madero Lupton. Others 
assert that his name was Lancaster Lupton and that the 
fort was erected in 1837. If the recollections of old- 
timers are to be trusted, Fort Yasquez (at the mouth of 
Clear Creek) was founded in 1823. 

In his early years William Bent was an employee 
of the American Fur Company. In 1824 he headed a 
band of mountain men trapping in the upper Arkansas 
Valley. Bent seems to have been the leading spirit 
in founding a trading post on the Arkansas west of 
Pueblo. He had several brothers who, in 1828-32, 
joined him and Ceran St. Vyain in building another and 
larger post (about seventy-five miles east of Pueblo) 
called Fort Bent or Fort William. They were later 
independent traders, and their employees were “free 
trappers,” as were Kit Carson and his band of forty- 
five men. The fur companies had no control over thorn. 
Bent did a big business with the plains Indians. In 
1827, or about that time, he and St. Yrain founded a 
post on the Platte about forty miles north of Denver. 
It was christened Fort St. Yrain. The post was built 
to trade with the Sioux and northern Cheyennes, as 
well as a rendezvous for the dwindling bands of trap¬ 
pers and was likely at first not a fort. 

The growth and decline of the American fur trade 
in the first half of last century constitutes a unique 


THE HISTORY OF COLORADO. 


27 


phase of United States history. In the Rocky Moun¬ 
tains the business was flourishing in the ’20’s and the 
early ’30’s; it had reached its zenith by 1835, and was 
on the wane for some years thereafter. A whim of 
fashion brought silk hats into vogue instead of beaver, 
the demand for furs fell off, and the trapper found his 
occupation gone. Notwithstanding the low price of 
pelts after 1834, many of the mountaineers (who were 
also mighty hunters) kept at trapping from force of 
habit and inclination. Some of the class of rovers who 
caught beaver and otter did not care to make money; 
it was the wild, free life in the primitive that they 
enjoyed. 

The trappers of the old days were in some ways 
rather low down in the scale of humanity. None the 
less, the beaver-hunter was not without certain redeem¬ 
ing traits that now and then flowered into deeds of 
heroism. Occasionally among the trapping fraternity 
might be found one of Nature’s noblemen, like Kit 
Carson, who was the prince of border-men. It is well 
that his name is perpetuated as the name of one of the 
counties of our State. One county was named for the 
noted fur-trader, William Bent. 

The Old Santa Fe Trail 

In 1822, a venturesome trading party made the slow 
and weary journey with pack mules from St. Louis to 
the capital of New Mexico. Two years later a large 
caravan of traders made the trip with wagons, carrying 
some thirty thousand dollars’ worth of merchandise, 
which they sold at high prices in Santa Fe. From that 
time the trade grew. Some years it amounted to nearly 
half a million dollars, a considerable sum in those days. 

By 1830 the highway for the commerce of the 
prairies, between St. Louis and Santa Fe, had become a 
famous thoroughfare. The village of Independence in 
western Missouri was foy many years the outfitting 
point. In the early ’30’s and thereafter there was a 
well established route that the wagon trains followed, 


28 


THE HISTORY OF COLORADO. 


unless something unusual happened to turn them aside 
from this main artery of frontier traffic and travel. 
From the outpost of Westport Landing (now included 
within the limits of Kansas City) the Old Santa Fe 
Trail bore westward and south to the Arkansas. The 
caravans then continued their course along the north 
bank of the river to a point west of the Dodge City of 
to-day. They forded the stream at a place known as 
the Cimarron Crossing. From here they struck across 
the desolate country in a southwesterly direction. 
For a distance of nearly twenty miles the road lay along 
the stream bed of the Cimarron River in southeastern 
Colorado. Then the path veered, to the southwest 
across the corner of Oklahoma. In New Mexico the 
trail runs through plains and mountain scenery by a 
tortuous course to the “City of Holy Faith.” The 
length of the fatiguing journey was upward of eight 
hundred miles, and it consumed from sixty to seventy 
days; the return trip with lighter wagons occupied 
some forty days or less, if the animals were not stam¬ 
peded by redskins. Bearers of dispatches sometimes 
covered the distance on horseback in eighteen days. 
In 1849 and afterward the Overland Stage Route trav¬ 
ersed this road, at least most of the way, between Fort 
Leavenworth and Santa Fe. The “overland mail” 
was also transported over this line in the ’50’s and ’60 ’s. 
The building of railroads in the ’70’s put an end to the 
traffic and romance of the old trail. 

In the second quarter of last century, when the 
commerce of the prairies was exceedingly valuable, the 
long, tedious journey was dangerous. Kit Carson and 
his band of stalwart riflemen were sometimes called 
upon to guard wagon trains while passing through the 
“danger zone” of the Santa Fe Trail in southwestern 
Kansas and northeastern New Mexico. When a horde 
of Kiowas or Comanches suddenly swooped down upon 
a caravan, the wagons were hastily corralled, and a 
fierce fight followed. 


THE HISTORY OF COLORADO. 


29 


The New Santa Fe Trail via Bent’s Fort 

A trail much frequented in the frontier period ran 
up the Arkansas to Bent’s Fort. Following in the foot¬ 
steps of Coronado and his cavaliers (for some distance, 
at least), Pike’s soldiers and numerous parties of trap¬ 
pers went that way to the Rockies. Fremont’s third, 
fourth and fifth expeditions proceeded up the Arkansas 
via Bent’s Fort to the mountains, as did Captain Gun¬ 
nison in 1853. Some Mormons trekked up the Ar¬ 
kansas to Pueblo in 1846, and it was the central route 
for the Argonauts in the midcentury; the greater num¬ 
ber of them, however, surged over the Old Santa Fe 
Trail or trekked across the plains by the Overland 
Route. It is said that in 1837 grazing was poor on 
the old Santa Fe Trail, and for this reason a caravan 
of traders bound for Santa Fe took the longer route 
via Bent’s Fort and Raton Pass. Up to that summer 
and for nearly ten years afterward it was a lonely 
trail, although sometimes traveled by freighters from 
New Mexico passing back and foyth between Fort Bent 
and Taos (the home of Kit Carson). In 1846, the arm¬ 
ies of Kearny and Price marched over this by-trail 
en route to Mexico, and some traders straggled after 
the troops to Santa Fe. In the late ’50’s William Bent 
freighted for the U. S. government, transporting mili¬ 
tary supplies from Fort Leavenworth to Fort Union, 
and of course he took this route. In the pioneer days 
of Colorado Territory a stage line was established be¬ 
tween Leavenworth and Santa Fe via Bent’s Foyt. It 
had then become a hard-beaten track. Over it Colorado 
soldiers marched from Fort Lyon to the relief of Fort 
Union in 1862. From the Missouri frontier by this 
detour to Santa Fe the distance was something over 
nine hundred miles. 

In the ’60’s freighting and staging between La Junta 
and Trinidad were extremely hazardous. Bands of 
Comanches and Kiowas infested the nooks of the trail, 
and oftentimes the Concord coach was “held up by 


30 


THE HISTORY OF COLORADO. 


road agents” in some gloomy defile. Many a rocky 
ravine in Las Animas County has its tale of daring and 
adventure. 

The Oregon Trail 

In the ’30’s the long roadway known as the Oregon 
Trail became a regular route for many fur-hunters 
going to Fort Laramie and to other points in the Rock¬ 
ies. Over this well-beaten path rolled the prairie 
schooners of Marcus Whitman and others bound for the 
Oregon settlements. This historic highway was immor¬ 
talized by Parkman, who made the overland journey in 

1846. It left Independence and crossed Kansas in a 
northwesterly course to the Platte, then called the 
Nebraska River. The ox-teams meandered along the 
trail up stream until they reached The Forks. Here 
was the parting of the ways. Some of the “Pilgrims” 
continued along the North Fork, the Mormon Route of 

1847, while others followed the South Fork to a point 
in northeastern Colorado near Julesburg, then swung 
over to the North Fork at Ash Creek, five hundred and 
thirteen miles from Independence. They crossed the 
Continental Divide through South Pass, otherwise 
known as Bridger’s Pass. Fremont rode over the 
Oregon Trail for a considerable distance on his first 
and second expeditions. 

The Overland Stage Line to California 

In 1849 a tide of adventurous gold-seekers trekked 
across the continent to California. One transcon¬ 
tinental pathway of the Argonauts via South Pass was 
the same as the Oregon Trail as far as Julesburg, thence 
it followed the South Platte to the mouth of the Cache 
a la Poudre. Here Fort Latham was established in the 
’50’s. Thence they proceeded to LaPorte and Chero¬ 
kee, crossed the Medicine Bow Range and made for 
Fort Laramie in southern Wyoming. In the ’50’s this 
was the line traversed by the overland stage-coach 
carrying the mail from Independence to Salt Lake and 
the Pacific. The sod walls of old Fort Latham, about 


THE HISTORY OF COLORADO. 


31 


five miles east of Greeley, were demolished in 1910. 

During the rush, 1849-52, hundreds of thousands of 
persons (including many women and children) crossed 
the plains by the northern route, some of them passing 
through northern Colorado. A smaller number of gold 
hunters went to California via Santa Fe. Those who 
traveled up the Arkansas via Pueblo, then veering 
north past Pike’s Peak and on into Wyoming, were 
comparatively few, perhaps from five hundred to a 
thousand (including individuals of both sexes and of 
all ages). 

The Taos Trail 

This old trail skirted the mountains between Taos 
and Pueblo. Before the coming of Americans many 
Spanish expeditions traversed this .route or portions of 
it, sometimes going as far north as Pike’s Peak or far¬ 
ther. In the ’30’s and afterward freighters from New 
Mexico transported corn and other farm products in 
wagons over the Taos Trail, then proceeding north to 
Fort Lupton and other fur-trading stations on the 
Platte; the route between Pueblo and Denver was prac¬ 
tically identical with the line of the Denver and Rio 
Grande Railroad. Military expeditions occasionally 
marched from Fort Union to Fort Laramie, traversing 
freighters’ roads and stage trails most of the way. 
Many a frontiersman and soldier camped on the site of 
Denver before a cabin was built here. The Taos Trail 
has a romantic past. 

“It wound through strange and sacred hills, 
Down canons lone 
Where wild things screamed, 

With winds for company; 

Its milestones were the bones of pioneers.” 

The Political Status of Colorado 

Something may be said as to the changes affecting 
the political status of the land of Colorado during this 
period. In 1805-12 the section north of the Arkansas 
River and east of the Snowy Range was a part of the 


32 


THE HISTORY OF COLORADO. 


Territory of Louisiana. In 1812, the Territory of 
Missouri was organized, and it embraced a part of 
Colorado. In 1836, American inhabitants of the South¬ 
west, then Mexico, founded the “Republic of Texas,” 
which comprised the plains south of the Arkansas and 
a narrow strip of mountainous country extending north¬ 
ward through Colorado into Wyoming. Nine years 
later Texas was annexed to the United States, and in 
1848 western Colorado was ceded by Mexico to the 
United States. In 1854, the Territory of Kansas was 
organized; it extended to the Rocky Mountains. The 
following year Arapahoe County, K. T., was nominally 
organized. 

The Green Russell Expedition, 1858 

The hazardous and uncertain quest for gold has 
occupied men ever since the dawn of history. It was 
the lure of the precious metals that brought Spanish 
and Portuguese swashbucklers to Colorado in the cen¬ 
turies agone. They found both gold and silver, but 
nothing ever came of their discoveries worth recording. 
Probably they extracted only small quantities of the 
yellow and white metals while here. It remained for 
men of Anglo-Saxon blood to seek and find the hidden 
wealth of the Rockies that had been awaiting the ad¬ 
vent of man for untold ages. 

The Green Russell expedition of 1858 was the be¬ 
ginning of an epoch. The discovery of gold in Dry 
Creek, just south of the present site of Denver, may be 
called the birth of this commonwealth. 

Among the Argonauts of 1849 was a band of Chero- 
kees who stopped on their way to California and pros¬ 
pected some of the creeks and rivers of the Eastern 
Slope. They found a little gold in Ralston Creek, a 
tributary of the South Platte. They then went on to 
the Coast. 

Later William Green Russell, of Georgia, heard of 
this strike. After he returned home he with others 
organized an expedition to explore the Pike’s Peak 


THE HISTORY OF COLORADO. 


33 


country with the hope of running across treasure-trove 
in the Rocky Mountains. In his company were his two 
brothers—J. 0. Russell and L. J. Russell—and other 
Georgians. They left home February 17, 1858, and 
traversed Indian Territory and southern Kansas on the 
way to Pike’s Peak. From time to time they were 
joined by parties of Cherokees and Kansans. It was 
considerable of a caravan that journeyed up the Ar¬ 
kansas River, consisting of 104 persons at one time. 
Some of them stopped at Bent’s Fort. Most of the 
other members of the expedition pushed on westward 
and northward, prospecting Fountain Creek, Cherry 
Creek, the South Platte and other streams they came to 
without finding colors in paying quantities. As the 
days passed, their spirits sank; they expected to pick 
up nuggets as big as hailstones. After weeks of zeal¬ 
ous seeking they had made no important discovery of 
gold, and some of the adventurers with Russell were 
losing heart. On June 24 they camped on the bottom 
land near the confluence of Cherry Creek and the 
Platte. 

The next few days the men of the expedition scat¬ 
tered and prospected Ralston Creek, Clear Creek and 
other streams, going north as far as Boulder Creek. 
Nearly all of them were disappointed and discouraged, 
for they found only very minute particles of the glitter¬ 
ing dust; it was so fine they could do nothing with it. 
After four days of tramping they worked back to their 
old camp on the bank of Cherry Creek, some thirty or 
forty rods from the spot where the City Hall of Denver 
stands to-day. On June 29 the party broke up; the 
greater number of the fortune-hunters then and there 
gave up the search for gold and turned back. The 
thirty-seven Cherokees, disgruntled, left in a body. 

A crisis had been reached. The leader, Green Rus¬ 
sell, got the remaining men together and made an elo¬ 
quent speech. It is said that he drew upon some of 
his California experiences; he told of the ups and 


84 


THE HISTORY OF COLORADO. 


downs of prospecting; he urged the malcontents to 
remain longer, saying he believed it was only a ques¬ 
tion of time when they would strike rich placers and 
find valuable mines. Russell had faith; the majority 
had not. They deserted, and set their faces homeward; 
the quest was not for them. 

On June 30 Russell found himself with only a dozen 
men, camped near the mouth of Cherry Creek. It was 
a critical moment, and he called a council. In a plain 
talk he said he had come to this country to prospect the 
Rocky Mountains. He was unwilling to give it up. 
“If only one man will stay with me,” he said, “I will 
remain until I satisfy myself that no gold can be found, 
if it takes all summer. Will you stay with me ?’ 3 The 
twelve men, some of them Kansans and some of them 
Georgians, declared that they would stick by him. 

Not at all disheartened by the turn of affairs, the 
handful of men broke up camp and started up the 
Platte. They were on the constant lookout for pros¬ 
pects. Here and there they stopped and washed out 
a panful of dirt. One day, as James H. Pierce tells 
the story, he was loitering behind the wagons, scanning 
the bars and shores, when he thought he saw a bar that 
would pan out well. He dipped up a shovelful of sand 
and began washing it. At that moment Green Russell 
came up and finished panning it, while his companions 
looked on. He secured coarse gold flakes to the value 
of a dime and exclaimed: ‘ ‘ Men, our fortune is made!’ ’ 

The other men retraced their steps and looked at the 
gold dust, delighted. They all got busy, and in a short 
time they obtained gold to the value of a hundred dol¬ 
lars from the sands of the Platte. The pocket of colors 
was soon exhausted, but in high hopes they kept up the 
search, day by day. Not long afterward they found 
another valuable deposit of float gold. The leader and 
another man were out hunting antelope and were walk¬ 
ing along the bank of Dry Creek, a little to the south of 
the Englewood of to-day, when they came to a spot 


THE HISTORY OF COLORADO. 


35 


where the ground sparkled with flakes of gold. Rus¬ 
sell and his companions eagerly set to work, washing out 
the auriferous gravel. Here they got four or five hun¬ 
dred dollars ’ worth of the yellow metal. That was all, 
but it was enough to settle the fate of the expedition— 
it started Colorado. 

Reports of the discovery spread to Kansas and Mis¬ 
souri, and an emigration to the “Pike’s Peak gold re¬ 
gion” in the summer and fall of 1858 followed. News 
of a find of a little gold by a teamster in the army pass¬ 
ing down the Platte that year was published abroad 
and started a hegira of gold-seekers from St. Louis. 

To the Cherokees justly belongs the credit of orig¬ 
inating the Russell expedition, and Russell deserves the 
praise of keeping up the quest and nerving the remnant 
of the party until success crowned their efforts. For 
this is William Green Russell remembered and honored 
as one of the makers of Colorado. One of the figures 
of the Pioneer Monument in Denver was modeled after 
this noble man. A gold-bearing gulch that he located 
in the summer of 1859 was named in his honor. 

The Lawrence Party, 1858 

Meanwhile there were other gold-seekers in the 
Pike’s Peak country in that fateful summer of 1858. 
Green Russell and his companions antedated the arrival 
of the historic Lawrence party by only a fortnight. 
A Delaware Indian by the name of Fall Leaf started 
this expedition. In the summer of 1857 this red man 
acted as guide to Colonel Sumner while he was chasing 
some Arapahoes and Cheyennes on the warpath. One 
day Fall Leaf stopped to get a drink in a tiny stream 
of water flowing out of the side of a mountain, pre¬ 
sumably in the Front Range. He saw several nuggets 
of glistening gold lying in the water on a rock and,of 
course, he picked them up. Late in the autumn of 
1857, he returned to his reservation and visited the 
town of Lawrence, in eastern Kansas. He showed the 
bunch of nuggets to John Easter, the village butcher. 


36 


THE HISTORY OF COLORADO. 


“Where did you get these?” asked Easter. 

“Two sleeps from Pike’s Peak,” answered Fall 
Leaf. 

Easter got the gold fever at once. He spoke of the 
find to his neighbors, and in the following spring they 
organized a company of about forty persons to pros¬ 
pect the Pike’s Peak region for gold. Fall Leaf prom¬ 
ised to accompany them and lead them to the spot where 
he found the nuggets, but when it came to a showdown 
Mr. Indian refused, and they went on without him. 
They proceeded leisurely up the Arkansas River, see¬ 
ing thousands of Indians. They found the plains black 
with bison as far as the eye could see in western Kan¬ 
sas. On the 3d of July the party camped in the Garden 
of the Gods. They knocked about for six weeks, having 
a good time but not finding any gold to speak of. By 
chance they heard of the discovery in Dry Creek, and 
forthwith they turned northward for the diggings. 
One of the leading spirits of the company was Josiah 
Hinman who, with a number of other men, laid out the 
town of “Montana City” in the month of September, 
1858. This was the first attempt by Americans to 
found a village in Colorado. It existed only about six 
months, however. 

From time to time other newcomers pitched their 
tents at the mouth of Cherry Creek and the Platte, 
which had already become a rendezvous for prospectors 
and miners. In October some of them began building 
log cabins. John Easter erected one of them. Nebras¬ 
kans, Kansans and other people from the States kept 
coming, and the little hamlet was at first called “ Aura- 
ria,” after a place in Georgia. Then the name was 
changed to Denver in honor of General James W. Den¬ 
ver, who was in 1858 the governor of Kansas Territory, 
which at that time extended to the main range of the 
Rocky Mountains. 

Such was the beginning of Colorado. The settled 
portion between Boulder and Pueblo first went by the 


THE HISTORY OF COLORADO. 


37 


name of the “Pike’s Peak country” or the “Pike’s Peak 
gold region,” also “Pike’s Peak and Cherry Creek.” 
It is said that as many as two thousand gold-seekers 
came here in the summer and fall of 1858. They dug 
up the gravel in many localities and uncovered some 
prospects, getting small quantities of placer gold here 
and there. The only important discovery of 1858, how¬ 
ever, was the find near the mouth of Dry Creek. 

Jackson’s Gold Discovery, 1859 

The gold strikes of the summer and fall of 1858 were 
small—probably no more than $2,000 in value, all told 
—but the reports of them, greatly exaggerated, spread 
far and wide and started the rush to Pike’s Peak the 
following year. Fortunately, important discoveries 
of gold were made early in 1859 by George A. Jackson 
and John H. Gregory. Otherwise nothing might have 
come of this historic stampede. 

George Jackson hailed from Missouri, and he had in 
him something of the spirit of the renowned back¬ 
woodsman, Daniel Boone. Jackson had done some 
mining in California before he came to the Pike’s Peak 
region in 1858. He and two other men built a cabin 
on the present site of Golden. The town that after¬ 
ward grew up here, in the foothills about fifteen miles 
west of Denver, was named for one of these men, Tom 
Golden. The other man was James Sanders. 

It was holiday time, when most men would prefer to 
sit by the fire, that these three Fifty-eighters—Jackson, 
Golden and Sanders—set out on a prospecting tour, 
intending to look for gold in the mountains. That was 
December 31, 1858. They struck out on foot into the 
hills, each man carrying a rifle and a small load of pro¬ 
visions. On New Year’s Day they sighted a big band 
of elk, and forthwith Jackson’s two companions left 
him to hunt elk. Undaunted, he proceeded up Clear 
Creek alone, with his two dogs, Drum and Kit, for 
company. Besides his rifle he carried a blanket, a 
drinking cup and a little bread and coffee, enough to 


38 


THE HISTORY OF COLORADO. 


last several days. That was his outfit. He depended 
upon his rifle to supply him with meat. 

Jackson pressed on westward, part of the time find¬ 
ing it hard traveling, wading in places through snow 
two feet deep. Along toward nightfall he .reached the 
hot mineral springs, now known as the famous summer 
resort of Idaho Springs. Nearby were some large 
flocks of mountain sheep grazing, and he shot one. 
That night he camped in a clump of cottonwood trees. 
He made a little bough-house to shelter himself. The 
next day being cold and snowy, he did not venture out. 
The following day the weather cleared up, and the am¬ 
bitious prospector started out to find gold. The track¬ 
less wilderness was before him, and he wandered up a 
gulch, finding no traces of colors that day. 

Jackson’s first day’s search was unsuccessful, but, 
hero that he was, he resolved to try again, although 
supplies of provisions were running low. He returned 
to camp after dark, tired and hungry, only to find that 
a marauding cougar had stolen all his meat. The man 
went to bed supperless, for he had eaten the last of 
his bread that morning. He did not lose heart, how¬ 
ever. He got up early the next morning and shot a 
wild sheep before sunrise. He drank the last of his 
coffee and started out to do some more prospecting. 
This day, January 5, Jackson came across a place a 
half mile up stream where the gravel looked good. 
Here he made a new camp under a big fir tree. The 
ground was frozen hard, and he built a fire on it. All 
day (January 6) he kept the fire going until the gravel 
was thawed. The next day this resourceful man had 
his reward. “Clear day,” he cheerily writes in his 
diary (January 7), “removed fire embers and dug into 
rim on bedrock, panned out eight treaty cups of dirt 
and found nothing but fine colors; ninth cup I got one 
nugget of coarse gold; feel good tonight.” 

Jackson worked another day, digging and panning 
until his hunting knife was worn out. He then had 


THE HISTORY OP COLORADO. 


39 


about half an ounce of gold, worth ten dollars. ‘‘I’ve 
got the diggings at last,” he wrote in his journal, glee¬ 
fully. Having no mining tools with him—pick, pan 
and shovel—the man had to quit. He marked the spot 
of his discovery and trudged back to his shack. 

In the spring, Jackson returned to the spot, where 
he had marked a tree so he could easily locate it, and 
took out between four and five thousand dollars’ worth 
of placer gold. Jackson Bar was the first layge de¬ 
posit of gold ever uncovered in the Rockies. The site 
of this bonanza is near the mouth of a little stream, 
Chicago Creek, flowing into Clear Creek. A monument 
marks the spot in the town of Idaho Springs. This 
discovery was an event of vast moment in the history 
of the West. 

Gregory’s Gold Discovery, 1859 

Meanwhile John H. Gregory, of Georgia, was pros¬ 
pecting only a few miles away from Jackson, although 
neither knew of the presence of the other. Gregory 
discovered rich placer ground, near Black Hawk, in 
the gulch that bears his name. The Jackson Diggings 
and the Gregory Diggings were some thirty-five miles 
to the west of Denver. 

Gregory was an adventurous fellow who knocked 
about on the frontier in the summer and fall of 1858, 
finally reaching Fort Laramie. Here he seems to have 
heard of the gold discovery in the bank of Dry Creek. 
In January, 1859, he set out southward (on foot), de¬ 
termined to prospect the streams of the Front Range. 
Gregory was no tenderfoot. Like Jackson, he had real 
grit and heroism in his makeup. In the wintry weather 
he put up with many discomforts in the inhospitable 
wilderness. He must have found the cold weather hard 
to bear, for he had been used to the mild, sunny climate 
of the South. 

Gregory was an experienced miner, and he knew 
where to look for colors. Working gradually south 
along the foothills, he prospected the Cache a la Poudre 


40 


THE HISTORY OF COLORADO. 


and other streams. Following up the Vasquez Fork of 
the South Platte, he came to the vicinity of the Black 
Hawk of to-day. Hereabouts he got some colors. Then 
the man had to give up the pursuit on account of a 
hard snowstorm and the lack of supplies. He found 
his way down into the valley with difficulty and sub¬ 
sisted upon venison and other game that he got by 
hunting. He finally turned up in the short-lived min¬ 
ing camp of “Arapahoe” on Clear Creek, a short dis¬ 
tance below the Golden of to-day. 

At this crisis in Gregory’s life he chanced to meet 
David K. Wall, a kind-hearted Hoosier, who “grub¬ 
staked” him for another prospecting tour in the hills. 
He made good. Leaving Golden in April, Gregory, 
accompanied by a small party of men, picked his way 
through a maze of mountains back to the place where 
he had seen indications of gold the previous winter. 
Was it chance or luck that led the man into the heart 
of one of the richest mining districts of Colorado? 
In a ravine two or three miles in length he located a 
bonanza placer, May 6, 1859. The diggings in Gregory 
Gulch, a little south of Black Hawk in Gilpin County, 
made the discoverer wealthy. A city or a county of our 
State should be named in honor of this man, who did 
so much for Colorado. 

Others, Green Russell among them, found valuable 
deposits of the royal metal in the neighboring hills that 
memorable summer of ’59. This new mining region 
was called “Pike’s Peak,” although the diggings in 
Clear Creek County and Gilpin County were somewhere 
near one hundred miles from the majestic monarch of 
the Rockies that was discovered by Captain Pike in 
1806. 

The Rush to Pike’s Peak, 1859 

First came the discovery of float gold in Dry Creek, 
south of Denver, in the month of July, 1858. Reports 
of it and rumors of other finds caused the wildest ex¬ 
citement back east and started the rush to Pike’s Peak 


THE HISTORY OF COLORADO. 


41 


in the spring of 1859. This extensive migration of gold- 
seekers to ‘ * Cherry Creek and Pike’s Peak ’ ’ is the most 
dramatic incident of Colorado history. Scores of thou¬ 
sands of adventurers trekked up the Platte Valley along 
the route where the Union Pacific Railroad was after¬ 
ward built or in sight of it. The tedious journey in 
canvas-covered wagons, from Omaha to Denver, con¬ 
sumed about six weeks. Many of the Pike’s Peakers 
crossed the plains farther south, some of them riding up 
the Arkansas Valley or by the Smoky Hill Route be¬ 
tween the Arkansas and the Overland Trail. Once in 
sight of the massive peak named in honor of the cour¬ 
ageous soldier-explorer, they headed directly for it. 
When at the base of the rugged sentinel of the plains, 
they learned that the golden diggings were upward 
of a hundred miles away to the northwest. Thither 
they drove their ox-teams, in high hopes, via Denver 
and Golden. A resistless tide of “Pilgrims” surged up 
the winding banks of Clear Creek or through Golden 
Gate Canon. In the summer the gulches of the Front 
Range swarmed with prospectors and miners. They 
were feverishly anxious to make “rich strikes.” They 
were dreaming great dreams of being the first lucky 
finders of mineral wealth. 

The great majority of the fortune hunters who 
flocked to the hills and mountains of the “Pike’s Peak 
region” were disappointed. They had neve,r had any 
practical experience at mining and found no gold worth 
mentioning. They staked their little all on an uncer¬ 
tain venture, and, not running across a paying “pros¬ 
pect,” they turned their faces toward the rising sun, 
discouraged. The golden treasure was here, but they 
could not locate it; so they gave up in despair and 
disgust. The tide of “Go-backs” was checked, how¬ 
ever, by the discoveries of Jackson and Gregory, which 
settled the fate of the straggling frontier settlement. 
The section of the Eastern Slope embracing Clear Creek 
and Gilpin Counties is called the birthplace of Colorado. 


42 


THE HISTORY OF COLORADO. 


A romantic interest attaches to the story of for¬ 
tune hunting in the Rocky Mountains in ’59 and ’60, 
for the rush lasted two years. A considerable number 
of the Pike’s Peakers came in prairie schooners, labeled 
with grim legends. Although the arrivals of 1860 were 
not so numerous as those of the preceding year, there 
were tens of thousands of them. Many of the Pike’s 
Peakers returned to their homes in the States, and 
others scattered to various parts of the West, Colorado 
being then as now the crossroads of the trans-Missouri 
country. Some of them, after suffering untold hard¬ 
ships and enduring countless privations, made a pile 
and stayed to help develop this mountain land of ours. 

No exact estimate can he made of the number of 
the Pike’s Peakers. There were probably a hundred 
thousand of them or more, mostly men, some of the 
best blood of the nation. They hailed from the South, 
the Middle West and States farther east, as well as 
from Kansas and Nebraska. 

The Pike’s Peakers were civilizers. The wild In¬ 
dians remained at a standstill for ages, and the pre¬ 
historic agriculturalists of southwestern Colorado made 
but little progress. During the half century the beaver 
hunters were here they wrought no change; the face of 
the country was the same in 1858 as in 1808—it was 
still a wilderness. It was reserved for a later genera¬ 
tion to develop the resources of Colorado. In coming 
here they were actuated by a desire to find gold; they 
discovered valuable deposits of the yellow metal in the 
districts afterward known as Clear Creek, Gilpin, 
Boulder, Park, Summit and Lake Counties. Mining 
camps sprang up like magic in the mountain valleys 
and gulches. Villages were founded, with newspapers, 
schools and churches. Some of the pioneer settlers 
engaged in farming and stockraising on a small scale. 
The conquest of Nature was begun in good earnest. 
Emphatically, the Fifty-eighters and Fifty-nineys were 
men of a different stamp from the trappers. 


THE HISTORY OF COLORADO. 


43 


The Pike’s Peakers had the political genius of the 
Anglo-Saxons, well developed. They brought with 
them traditions of law and order. They organized the 
“Territory of Jeffe'rson,” which was not recognized by 
the United States Government. Strictly speaking, this 
isolated settlement in 1859 formed a part of Kansas; 
the Western Slope was a part of Utah. 

TERRITORIAL PERIOD, 1861-1876 

On February 28,1861, the Territory of Colorado was 
organized, with the thirty-seventh and forty-first par¬ 
allels of latitude as its south and north boundaries 
(about 280 miles), its east and west limits being approx¬ 
imately 102° and 109° W. longitude (about 380 miles). 
The area of this quadrilateral is 103,948 square miles, 
or 66,526,720 acres. The area of Jefferson was much 
greater. Colorado is the seventh State in size, after 
Texas, California, Montana, New Mexico, Arizona and 
Nevada. The new Territory was made up of parts of 
Utah, New Mexico, Kansas and Nebraska. It was 
named after the Colorado River, which was so named 
from the richly tinted rocks of the Titan of Chasms. 
The word “Colorado” is Spanish, meaning “colored” 
or “colored red.” It is a beautiful and appropriate 
name for our State, which is noted for its red rocks. 

On March 22, President Lincoln appointed William 
Gilpin, of Missouri, Territorial Governor. He was a 
scholarly man of large ability, to whom Coloradoans 
owe a debt of gratitude. He possessed extraordinary 
foresight. In the midcentury he predicted the build¬ 
ing of a railroad through the Rockies and on to the 
Pacific, and he confidently expressed his belief in the 
existence of boundless mineral treasures in the San 
Juan Mountains. During his short experience as gov¬ 
ernor (about a year) and afterward until his death he 
labored unceasingly to promote the welfare of Colorado. 
He rendered the Union cause a timely and important 
service by organizing regiments of soldiers that saved 
Colorado from invasion by the Confederates. A county 


44 


THE HISTORY OF COLORADO. 


was named in his honor. 

The Legislature of 1861, meeting in Denver, passed 
an Act defining the boundaries of seventeen counties— 
Arapahoe, Boulder, Clear Creek, Conejos, Costilla, 
Douglas, El Paso, Fremont, Gilpin, Huerfano, Jefferson, 
Lake, Larimer, Park, Pueblo, Summit and Weld. The 
first Delegate to Congress from Colorado was Hiram 
P. Bennet (Republican). 

In 1864-5 there was a determined, but futile effort 
to make Colorado a State. Opposition developed, and 
President Johnson vetoed the Colorado bill. 

The firgt Federal Census of Colorado Territory, 
taken in the summer of 1861, showed a population of 
25,331, mostly natives, three-fifths of them being men. 
The number of people in Jefferson Territory was far 
greater the preceding year. The Civil War had begun, 
and thousands of the Pike’s Peakers returned to their 
home States to join the Union or Confederate armies. 
Denver, the largest town in the infant Territory, was 
credited with less than three thousand inhabitants. 

The Territorial Capital was nominally Colorado City 
in 1861. In 1862 it was changed to Golden. The sec¬ 
ond session of the Legislature, however, was held in 
Denver. The third session, begun at Golden, adjourned 
to Denver. The rivalry between these two towns con¬ 
tinued several years longer, Denver finally getting the 
supremacy as “The Queen City of the Plains.” The 
business portion of East Denver was devastated by 
fire, April 19, 1863, and the flood of May 19, 1864, was 
an appalling catastrophe. A dozen persons were 
drowned, and the residents along the west bank of 
Cherry Creek suffered a property loss of a million 
dollars. 

Colorado in the Civil War 

The part that Colorado played in the War of Seces¬ 
sion was an exceedingly creditable one. Between four 
and five thousand men enlisted, and they were a superb 
body of citizen-soldiers. The Colorado regiments were 


THE HISTORY OF COLORADO. 


45 


in more than a score of battles and skirmishes. They 
especially distinguished themselves in the hard-fought 
engagement in Glorieta Pass between Fort Union and 
Santa Fe. This has been called “the bloodiest battle 
of the War.” Detachments of Colorado troops saw 
rough service in Indian warfare. 

Slow Growth of Colorado Territory 

At the time of the census of 1861 some miners and 
“Pilgrims” were missed. The population of Colorado 
at that time, however, was likely no more than thirty 
thousand. On account of the Civil War, the Indian 
troubles and^the decline of placer mining, the growth 
of Colorado Territory was slow in the ’60’s. Some 
immigrants—farmers and stockgrowers—came in 1866, 
there being a lull in Indian fighting that year. Then 
the redskins were at it again, and the next two years 
saw no material gain in immigration. In 1868 a smel¬ 
ter was opened at Black Hawk, and the mining indus¬ 
try picked up. The following year there were mo,re 
settlers, some farmers and many miners, who flocked to 
the mountain towns. Gold could now be extracted 
from refractory ores, and the output of silver increased. 
Men now engaged in lode-shaft mining and dug tunnels 
into the ground hundreds of feet deep. A steady 
stream of metallic wealth was poured out that saved 
Colorado during the lean years of the grasshopper 
raids, 1873-6. 

There were flush times in the early ’70’s. Railroads 
were built and colonies were founded. Irrigation 
farming began to amount to something. Colorado’s 
leading industry then was stockgrowing, cattle and 
sheep. Those were the days of the “Cattle Kings” 
and the cowboys and herders watching immense herds 
of sheep, on the plains of eastern Colorado and in the 
mountain valleys. 

Notwithstanding dull times Denver made substan¬ 
tial advances in the ’60 ’s. From the beginning of 1858 
the citizens had faith in its future. Its fortunate sit- 


46 


THE HISTORY OF COLORADO. 


uation was a great point in its favor. With the influx 
of newcomers in 1869 into Colorado Territory Denver’s 
population picked up, and the gain was rapid the 
following year; the number of its inhabitants was es¬ 
timated to be as high as ten thousand in 1871. It was 
steadily growing the next few years. The hopes of the 
pioneers had been more than realized. In 1874, a 
Chamber of Commerce was organized, and civic im¬ 
provements were undertaken. Even then Denverites 
had adopted the “Smile and push” policy. The high 
commercial character of the leading business men of 
the Queen City was another factor making for prog¬ 
ress. The concentration of railroads at this point kept 
it in the lead of Cheyenne and Pueblo. It was a cos¬ 
mopolitan city in almost every sense. 

In this period of growth Pueblo forged ahead rap¬ 
idly, becoming the second city in the Territory. In 
the ’60’s Pueblo was an unimportant village. In the 
early ’70’s the twin cities, North Pueblo and South 
Pueblo, grew amazingly. The coming of the Santa Fe 
Railroad gave the town a chance to develop. Forth¬ 
with the city began to assume importance as a manu¬ 
facturing center, with its smelters, steel works, etc. It 
had waterworks and street railways, and in 1876 a 
handsome schoolhouse was erected. The place had 
two newspapers, the Chieftain and the People. In 
various ways intellectual interests were looked after*. 

In the early ’60’s there was but little done to culti¬ 
vate the fertile soil of eastern Colorado. The myth of 
the * 4 Great American Desert” died hard. Gradually 
men came to realize the possibility of reclaiming this 
semi-arid region by artificial watering. The first ex¬ 
tensive irrigation system in the Territory was con¬ 
structed by the Union colonists around Greeley, be¬ 
tween 1870 and 1876. This town was named for Horace 
Greeley, who contributed largely to the success of the 
colony. When Nathan C. Meeker first proposed the 
idea of founding a colony in Colorado, the New York 


THE HISTORY OF COLORADO. 


47 


Tribune gave the project an immense amount of free 
advertising. It may be remembered here that Greeley 
gave the “Gregory Diggings” some publicity in 1859; 
he and Richardson did much to stem the tide of the 
“Go-backs.” 

Already, in 1869, Evans had been laid out, and not 
long afterward Fort Collins was started. In 1871 the 
Chicago-Colorado Colony at Longmont was founded. 
The early ’70’s saw the beginning of other colonies— 
Fountain (Colorado Springs), Rocky Ford, the St. 
Louis Western Colony, the Tennessee Colony, the Wet 
Mountain Valley Colony, etc. In the spring of 1874 
Sylvester Richardson, a sturdy pioneer, led a colony of 
Denverites across the Snowy Range into the Gunnison 
Valley, which was then the home of roving Indians. 
Three years later, Gunnison County was organized. 
During these years many new towns were put on the 
map. 

Something may be said as to the character of the 
people who came to Colorado Territory in the early 
’70’s. For the most part they were not adventurers; 
among the immigrants were many easterners who may 
be described as well-to-do people, also many of the 
Middle West. They came with the intention of stay¬ 
ing; they brought their families, purchased land, put 
up dwellings and stables; they also erected school- 
houses and churches; they brought the seeds of civiliza¬ 
tion to the dreary plains, the home of the bison and the 
wolf. “Westward, ho!” was their motto. 

In this period Colorado was attracting scientists, 
painters, sportsmen, tourists and healthseekers. Colo¬ 
rado ’s climate and scenery were then, as now, among its 
most valuable assets. “The mountain view from Den¬ 
ver is unsurpassed,” says a writer in 1873. “Long’s 
Peak, distant fifty miles, and Pike’s Peak seventy-five, 
loom up as if only a few miles away. Snow on the 
range is visible the year round.” At that time the 
best known resorts were Estes Park, Boulder, Golden, 


48 


THE HISTORY OF COLORADO. 


Idaho Springs, Colorado Springs, Manitou and Canon 
City. 

It was a red-letter day in Colorado’s history when 
the first railroad, connecting Cheyenne and Denver, 
was completed, June 15, 1870. Two months later, the 
first train of the Kansas Pacific entered the City of the 
Plains. The first rail of the Denver and Rio Grande 
Railway was laid July 28, 1871. The work of building 
mountain railroads was now begun, good and earnest, 
not only by the Denver and Rio Grande but by the 
Colorado and Southern and other railway companies. 
In 1876, the Atchison, Topeka and Santa Fe line was 
finished to Pueblo. The importance of the iron horse 
as a factor in the development of Colorado Territory 
can scarcely be over-estimated. Ex-Governor Evans, 
General William J. Palmer and other masterful men 
rendered the Rocky Mountain country an important ser¬ 
vice in bringing transportation facilities to the people 
of this young commonwealth. 

Placer Mining in Early Days 

In 1859 and the early ’60’s the placer camps of Colo¬ 
rado were scenes of feverish activity. The golden har¬ 
vest amounted to three or four million dollars a year. 
In 1865 the yield of gold dust fell off to one million, 
and it was still less the next year. Some quartz lodes 
were discovered and worked by the pioneer miners. 
They could do little, however, with the refractory ores 
in gold-bearing veins. The erosion and oxidization of 
quartz outcroppings gave rise to alluvial deposits of 
placer gold. Native gold is one of the subsidiary in¬ 
gredients of rock which upheavals and volcanic erup¬ 
tions have brought to the surface. In the lapse of time 
it is freed from the rocks and deposited in stream beds 
or in the crevices of ledges. It was this free gold that 
the Fifty-niners gathered from creeks and rivers and 
from the adjacent banks. Primitive methods were 
employed by the Pike’s Peakers in getting this treasure 
of gold dust, that is, by washing or panning auriferous 


THE HISTORY OF COLORADO. 


49 


gravel, sometimes with the “rocker,'* “sluice box" or 
“long-tom." Such was placer mining of early days. 
Gradually the men began working lodes or ledges, using 
stamp mills (after California models) and Mexican 
arastras. It is said that a miner in Gilpin County “im¬ 
proved upon the arastras by rigging up a trip-hammer 
pivoted on a stump, the hammer head pounding quartz 
in a wooden trough." Then a man named Giles in¬ 
vented another rude contrivance run by water power. 
Sometimes gun barrels were employed for drills, and 
rifle powder was used instead of regular blasting pow¬ 
der. In time, skilled miners from Europe came to Colo¬ 
rado, and they more or less successfully pursued quartz 
or vein mining. Much refractory ore was encountered, 
however, with which they could do nothing. 

The first comers to the mining districts spent vast 
sums on quartz machinery that did not fill the bill. 
Experimenting in smelting went on with rather un¬ 
satisfactory results, and yet men kept on trying, because 
with the best stamp-mill of the time they could save 
only one-half or less of the gold in the ores, wasting all 
the copper and silver, worth often as much as the gold 
itself. 

The First Smelter, 1868 

The pay-dirt in the gulches could be easily handled, 
but when the Pike’s Peakers attempted to follow the 
veins into the hillsides and to sink shafts, they found 
that they could do nothing with the hard ores. The 
problem of extracting the gold in volcanic rock baffled 
them. This problem was attacked and solved by 
Nathaniel P. Hill, who is called “The Father of Smelt¬ 
ing." 

While on a visit to Colorado, in the summer of 1864, 
Professor Hill took a sightseeing excursion through 
the mining camps of Gilpin County, where he was im¬ 
pressed by the very wasteful methods of handling ores 
then in vogue. Crushing quartz in the crude mills of 
that time did not result in saving much gold; the 


50 


THE HISTORY OF COLORADO. 


greater part of the yellow metal was lost in the “ tail¬ 
ings. ” Many of the Pike’s Peakers had already left 
the failing gulches. They drifted about the mountain 
country, going to the new diggings in Idaho and Mom 
tana, or returning to the States. Mining investments 
in Colorado were losing ventures in two cases out of 
three. Things had, indeed, reached a critical pass in 
Colorado. The time called loudly for the man, but he 
was not forthcoming among the Fifty-eighters and the 
Fifty-niners, ingenious men that they were. The 
stranger who had arrived on the scene was destined to 
be the master of the situation. 

Professor Hill saw the need of reduction works. By 
fire-smelting he believed he could treat the ores too 
hard for the arastras of that day. The idea of starting 
a smelter at Black Hawk took possession of him. In 
1865 he visited Colorado again and studied the cause 
of the success and failure of the pioneer miners. He 
concluded that a trip abroad was necessary. So, in 
1865, he voyaged to Europe to see what the science of 
the Old World might teach him. The problem occu¬ 
pied him day and night. He learned much. In 1866 
he made another journey to Europe, examining metal¬ 
lurgical appliances in the mills of Swansea, Wales, also 
in Freiberg, Saxony, and other places. He again visited 
Colorado, full of hope, and made further investigations 
in the gold camps of Gilpin County. He saw a great 
contrast between the Old World methods and those of 
Colorado. This time he was accompanied by an emi¬ 
nent metallurgist, Professor Hermann. A large quan¬ 
tity of gold ore from the Bobtail Mine was lying idle 
in Central City. This was purchased and hauled to the 
Missouri River in wagons (there being no railroad then 
across the plains) and shipped to Swansea. Hill and 
Hermann experimented with this ore and finally suc¬ 
ceeded in extracting the gold in it by melting the rock 
in furnaces. 

The results were encouraging, and Hill forthwith 


THE HISTORY OF COLORADO. 


51 


set about the task of organizing a company of Boston 
and Providence capitalists to engage in smelting in the 
region around Black Hawk. That was in 1867. The 
financiers became interested in the project and eagerly 
subscribed the necessary capital, $275,000, and a plant 
with two furnaces was built. It was opened in Janu¬ 
ary, 1868, and the enterprise was a success from the 
start. That was the beginning of a new era in the 
mining industry. 

At first the ores were concentrated by smelting in 
the Black Hawk establishment, and the enriched pro¬ 
duct was then sent to Swansea. In 1873 the mill was 
enlarged, with more complete facilities, sufficient to 
separate and refine metals in complex ores. This was 
an important step in the smelting business of the West. 
The same year branch works were opened at Alma, 
Park County. The capital of the Boston and Colorado 
Company was increased to $500,000. A metallurgist 
of long experience, Professor Bichard Pearce, became 
connected with the smelters, and to him belongs a part 
of the credit of making the enterprise a success. Fur¬ 
ther improvements in methods followed. The business 
grew. The building of these mills and other smelters 
gave a wonderful stimulus to lode mining. The in¬ 
creased production of the precious metals after 1868 
saved Colorado in the lean years of the grasshopper 
raids, 1873-6. 

The Fight with Grasshoppers 

The locust has been a pest to farmers of Asia, Africa, 
Europe and America from a time when the memory of 
man runneth not to the contrary. When Edwin James 
and his comrades of Long’s expedition were on the 
summit of Pike’s Peak (July 14, 1820) they “were sur¬ 
prised to observe the air in every direction filled with 
such clouds of grasshoppers, as partially to obscure 
the day.” Fremont, on his first expedition (1842), 
learned that the Sioux had gone on the warpath, but 
were obliged to abandon the quest for scalps and ponies 


52 


THE HISTORY OF COLORADO. 


because the hordes of locusts had eaten all the grass 
and the red men’s horses could get no subsistence. 
History tells of other visitations of destructive swarms 
of hoppers on the plains east of the Rockies. Armies 
of the red-thied insects appeared in Colorado in 1861 
and 1862. Agriculture was then in its infancy on the 
Eastern Slope, and the voracious locusts moved on. 
There was another plague in 1864, when “the heavens 
seemed to open and grasshoppers poured down by the 
countless millions, yes, by the million bushels,” as one 
pioneer puts it. It was a severe trial for the few Colo¬ 
rado ranchers of that time, and yet not very much harm 
was done, because wheat and other grains had been 
harvested. The swarms of migratory locusts did some 
damage the following years, notably in 1867. It was 
not until 1873, however, that the hoppers became a 
terrible nuisance here. The injury done to Colorado 
crops by Rocky Mountain locusts that year and in 1874- 
76 cannot be exactly computed. The flying, hopping 
insects were possessed of an insatiable appetite, and 
devoured every green thing in their path. There were 
untold myriads of them, and the loss to Colorado ranch¬ 
ers during those four seasons, 1873-6, may have reached 
ten million dollars. The damage was far greater in 
Kansas and Nebraska, whither the greedy insects 
winged their swift flight from here. 

In the ’60’s the ranchers of Colorado could do noth¬ 
ing effective to combat the insects that ate up the crops. 
The settlers of the ’70’s determined to get rid of the 
pests that left famine in their wake. They fought 
their hungry foes, and science aided them in the hard 
struggle. The grasshoppers had their breeding places 
in the mountains between Pike’s Peak and Fort Bridger, 
and there seemed to be no end of their invasions. As 
a result, many ranchers in eastern Colorado gave up 
in despair; they sold out their holdings for a trifle and 
departed. Others resolved to stay and fight the fell 
scourge. They resorted to various devices and meth- 


THE HISTORY OF COLORADO. 


53 


ods, both aggressive and preventive. Large branches 
of trees were dragged by horses over the ground, 
driving the insects into irrigating canals where they 
came in contact with coal oil and perished in immense 
numbers. ‘ ‘ Hopper-catchers ’ ’ were invented, and 
chemicals tried. Crops were sprayed with arsenites 
and petroleum mixtures. Some pieces of infested 
ground were burned over or plowed under. An “en¬ 
emy fly” attacked the locusts. Chickens, turkeys and 
other fowls ate up vast quantities of hoppers, and game 
birds did their share. Finally a parasite bored its way 
into the vitals of the locust, and the long fight was 
won. Pioneers shudder as they recall the horrors of 
“the grasshopper years.” 

Social and Educational Advances 

Happily, some milestones of progress in this gloomy 
period may be recorded. The organized public school 
system of Colorado had its beginning in 1861, with the 
appointment of William J. Curtice as Superintendent of 
Public Instruction. Before that Denver had three 
private schools. Boulder had a public school in 1860. 
Am ong the pioneers of ’59 and ’60 were numerous 
college graduates, and they appreciated the value of 
institutions of higher learning. In 1864, “Colorado 
Seminary” was opened; that was the beginning of a 
school that afterward became Denver University. 
Loretto Academy in Denver dates back to the same 
year. 

In 1868, the Penitentiary was established at Canon 
City, and the School for the Deaf and Blind was started 
at Colorado Springs in 1874. In the latter year the 
School of Mines at Golden began its career. In 1875-6 
preparations were made for opening the State Univer¬ 
sity at Boulder and the Agricultural College at Fort 
Collins. In 1874, Colorado College was founded at 
Colorado Springs. 

Some figures culled from educational statistics of 
Colorado Territory in the year 1875 are interesting. 


54 


THE HISTORY OF COLORADO. 


Because of incomplete returns, they are only approxi¬ 
mate. Of Colorado’s entire population that year, esti¬ 
mated to be sixty thousand, 23,274 persons were of 
school age, and only about half of them were enrolled 
as pupils in the public schools, while the average daily 
attendance was less than eight thousand, or one for 
every eight inhabitants (in the twenty-four counties of 
that time). The number of schools was 280 in twenty- 
four counties (there was no report from one county). 
The number of teachers was 377. The number of school 
houses was 172. Denver, Central City, Black Hawk 
and some other towns had graded schools. There was 
no high school here as yet. The Denver schools had an 
enrolment of 1796 in 1875. The value of all school 
property in 1875 was $414,008. The total school fund 
for the school year 1874-5 was $247, 179. 

In 1874 the first notable discovery of cliff dwellings 
in southwestern Colorado was made by a party of Hay¬ 
den ’s Geological Survey. The reports of Jackson and 
Holmes, who explored Mancos Canon and other por¬ 
tions of that wonderland, created a sensation. 

The Heroic Age of Colorado History 

The eighteen years, 1858-1876, may be called the 
heroic age of Colorado history. Pioneering in Colo¬ 
rado was anything but a picnic; it developed the heroic 
in many of the Pike’s Peakers. Roughing it in the 
wilds made them strong, rugged men. The first comers 
into the virgin wilderness endured privations; they 
ran risks of drowning in treacherous mountain streams; 
they braved hardships of weather; they faced perils of 
instant death by snowslides, and some perished in snow¬ 
storms ; they faced dangers from grizzlies and redskins. 
The prospectors and miners of early days in Colorado 
met with many adventures; they saw the seamy side of 
life. Only a few were successful in winning riches. 
Fortune was apparently capricious in distributing her 
favors. It took stout hearts to bear up under the dis¬ 
appointments of a miner’s life. To this day there is the 


THE HISTORY OF COLORADO. 


55 


hazardous element in underground enterprises. The 
average prospector’s life, however, had its bright as 
well as its dark side. There is a fascination in the 
quest for gold, and hope springs eternal in the breast 
of the gold-hunter who finds signs of the royal metal 
in arroyos or in the dun-colored ledges that crop out 
of the mountain sides. When he made a lucky strike 
he was happy, but long experience taught him that 
not all is gold that glitters. 

The pioneer miners had their ups and downs, but 
they knew how to meet losses and reverses without be¬ 
ing crushed. Many of their discoveries turned out to 
be knife-blade seams of gold and pockets instead of 
bonanza deposits, yet they kept at it hopefully and 
heroically. There was something in the mountains 
around them that put strength and courage into them. 
The placer miners of Colorado Territory absorbed some¬ 
thing of the spirit of their surroundings. They drew 
from the hills and the peaks the inspiration for big 
things. 

Grace Greenwood, who visited Colorado in 1871, 
paid this touching tribute to the miners of Black Hawk: 

“Here heroes have grappled with the hardest and 
dreariest conditions of life; have wrestled with Nature 
for the possession of the secret so cunningly hidden 
for uncounted centuries; splendid minds have burrowed 
in these tunnels; great, loving, homesick hearts have 
toiled for love’s and home’s sake, down in these dark 
shafts; have toiled till they broke. Rich as is all this 
wonderful region in silver and gold, it is yet richer in 
the heroic and pathetic elements of human life—in 
the strength and tenderness, courage and self-sacrifice 
whose history can never he written. These are the best 
treasures of this rude mountain land; no human assayer 
can value them—no scales are fine enough to weigh 
them—imponderable, yet imperishable are they.” 

The agricultural colonists who came to Colorado in 
the early ’70’s found discouragements enough; they 


56 


THE HISTORY OF COLORADO. 


suffered from drouth some seasons, and they were 
plundered by locusts. The whole country saw hard 
times in 1873 and 1874, but Colorado was peculiarly 
hard hit, and it took longer to recovey from financial 
distress. 

What are the qualities that make for success in a 
new country? The ability to hang on, to be a good 
loser, to try again. Says a rancher who gained wealth: 
“Any man with the will can do what I have done. It 
is only a question of keeping everlastingly at it and 
using gumption as well as grit.” 

But the long siege with grasshoppers, year after 
year, was too much for many Colorado farmers. They 
got discouraged and left for the Black Hills or they 
chased the will-o-the wisp of fortune in other places. 
Some of them missed it in not staying. They sacrificed 
their holdings for a mere trifle. The ranches they dis¬ 
posed of for ten or fifteen dollars an acre are now worth 
a hundred or two hundred dollars an acre. 

Others were hopeful and full of courage, notwith¬ 
standing reverses and difficulties. Men were tried as 
by fire, and yet they survived the ordeal. 

Frontier life had its pleasures as well as its incon¬ 
veniences. Life to the pioneer was a splendid and 
rich adventure. Most of them lived in log cabins or 
rude shacks. Some of the plainsmen and mountaineers 
of early days occupied dugouts and “soddies,” as the 
little sod houses were called. The ’dobe, too, was to 
be seen. The dwellings of the Pike’s Peakers usually 
were of one story and had no more than two or three 
rooms, plainly furnished. 

The Fifty-niners endured hardships and privations. 
We talk about high prices, and yet many things are 
cheaper to-day than they were a half century ago. In 
1866, sugar sold at fifty cents a pound, and tea at $4 
a pound. Flour retailed at $20 a sack (fifty pounds). 
There were times when wagon freighters could not cross 
the plains, and then the settler suffered from lack of 


THE HISTORY OF COLORADO. 


57 


food. However, he had venison and pemmican, which 
are rare luxuries in these days, and he hooked delicious 
trout in the streams and lakes. The man who lived on 
such fare enjoyed good health. He could tramp the 
wilderness fifty miles from sun to sun. The rancher’s 
wife did not have many of the comforts of the modern 
household. She was often left alone and learned to 
depend upon herself, meeting every emergency with 
true pioneer spirit. The hard experiences of the pio¬ 
neers nerved them to sublime endeavor. The boys and 
girls of Territorial days missed some of the advantages 
of the youngsters of to-day. In the ’60’s schools were 
few and far between, and the pioneer’s children grew 
up with little chance to learn about the “three r’s.” 

The Coloradoans of early days made a creditable 
record. Their achievements at home are not only note¬ 
worthy; they contributed to the development of other 
Rocky Mountain commonwealths. The struggles that 
they had to go through brought out the best in the 
pioneers and in the settlers of the early ’70’s. They 
thought of something besides making money; at least, 
some of them did. They kept alive the traditions of 
culture; they prized not only material, but spiritual 
advancement. 

Indian Affairs 

By the treaty of Fort Laramie, 1851, it was stipu¬ 
lated that the Arapahoes and Cheyennes should have 
the country north of the Arkansas River and east of 
the Rocky Mountains, but before the Indian title was 
extinguished by the Treaty of Fort Wise, 1861, the 
pioneers had intruded on the tribesmen’s domain. When 
multitudes of palefaces took up their abodes in the 
Pike’s Peak region, trouble was bound to come. The 
interests of the two races conflicted; each wanted a 
monopoly of the country. Both were selfish and unfair. 
The Indians were not, however, the first aggressors. At 
first the natives were friendly; they tolerated the pale¬ 
face. The red men wanted a big country to roam over; 


58 


THE HISTORY OF COLORADO. 


the white men wanted to cultivate it. 

Matters reached a crisis in the time of the Civil War. 
The United States troops were withdrawn from the 
frontier; they were needed to fight for the Union. This 
was Poor Lo’s opportunity, and he was urged to im¬ 
prove it by emissaries from the South. A conflict was 
brought on, and in the end the stronger triumphed, not 
always justly. Both sides were to blame for it. 

Things went on from bad to worse in 1863. There 
was friction when the military used force to disarm the 
warriors. Little Raven and other Arapahoe chiefs 
held back when the Cheyennes, Kiowas and other plains 
tribes were planning a general uprising. The situation 
was bad enough in the spring of 1864, and the summer 
months were times of great excitement and anxiety. For 
hundreds of miles along the Platte the redskins virtu¬ 
ally held possession of the road; stage travel was inter¬ 
rupted, mails were delayed, and at times freighting 
ceased. Still, the freighters were seldom disturbed; 
they moved across the country in large bodies, and were 
usually well armed. In that memorable summer there 
were many travelers and plainsmen who had thrilling 
adventures with war parties. A number of immigrants 
and settlers were murdered and scalped. Provisions be¬ 
gan to get scarce in Colorado, where fabulous prices 
were paid for flour, bacon and sugar. The growth and 
progress of the Territory was arrested, and the future 
of Colorado looked dark. 

Meanwhile the friendly Indians were directed by 
Governor Evans to rendezvous at Forts Laramie and 
Lyon and Camp Collins for safety and protection. Not 
many came in, except Chief Friday’s band of 175 Arap- 
ahoes, who took up their residence at Camp Collins. In 
September, 1864, a council was held at Camp Weld 
near Denver, where a number of influential chiefs of 
the Arapahoes and Cheyennes were present. After the 
conference Little Raven showed his good faith by 
bringing many of his band to Fort Lyon, where a large 


THE HISTORY OF COLORADO. 


59 


number of Cheyennes under Black Kettle were camped 
for a while. These refrained from fighting. There 
were some unruly bucks, however, both Arapahoes and 
Cheyennes, who were still out on the warpath, and a 
few of these happened to be present in the peaceable 
camp on Sand Creek, whither the friendlies had gone 
from Fort Lyon to hunt buffalo on the Divide. Here 
occurred that unfortunate event sometimes referred to 
as the ‘ 1 Chivington massacre.’ ’ When looked at in the 
most favorable light, it was a colossal blunder. 

The most notable of the sanguinary affrays between 
the whites and the plains Indians was that of Sand 
Creek, fought on November 29, 1864. A battalion of 
some nine or ten hundred mounted soldiers, led by 
Colonel John M. Chivington, attacked a village of Black 
Kettle’s band of Cheyennes and a small encampment of 
Arapahoes under Chief Left Hand, who was killed 
with most of his warriors. More than a hundred Chey¬ 
ennes were slain, including many squaws and papooses. 

In retaliation the savages of the plains made common 
cause against the whites. The tribesmen committed 
innumerable depredations and atrocities. A peace 
conference was held in October, 1865, and a treaty of 
peace was signed. The following year saw a marked 
improvement of conditions on the frontier. Then the 
Fetterman massacre occurred (in December, 1866), and 
hostilities were renewed in 1867. With the view of 
chastising the Indians, General Hancock burned a 
village of peaceful Cheyennes. A bloody conflict en¬ 
sued, costing many millions of dollars, an immense 
amount of property was destroyed, and over three hun¬ 
dred soldiers lost their lives. 

The Pike’s Peakers, unlike the Mormons, thought 
force was to be used to reduce the red men to subjec¬ 
tion and locate them on reservations somewhere outside 
of Colorado. As for the good Indians—there were 
some tribesmen who remained peaceable—they were 
urged to move on to make room for white settlers. As 


60 


THE HISTORY OF COLORADO. 


the buffalo had to give way to cattle, so the copper- 
skinned savage had to give way to a new order of 
things, much against his will. 

From time immemorial the main dependence of the 
plains tribes for food was buffalo meat. In the ’50’s 
and ’60’s bison were numerous on the prairies—there 
were millions of them. In the fall large numbers of 
the shaggy beasts were almost always in sight, hugging 
down to the rivers and creeks; they could be seen 
loitering and feeding in groups on the grassy knolls 
or hollows of the great plains. There were times when 
herds seemingly endless in extent moved across the 
landscape. Those were halcyon days for the Indian 
hunters, and they improved them, killing what buffaloes 
they needed, and no more; they did not muyder for 
sport. When returning from their hunting excursions, 
their ponies were loaded down with buffalo meat that 
had been dried for future use. This pemmican, some¬ 
times called “jerked buffalo/’ was hung up in the 
tepees, and became the savage’s mainstay in winter. 
The hides were turned to account for tepees and for 
clothing. 

Now a change had come—it was a revolution. Cow¬ 
boys rode the range, guarding immense herds of cattle, 
and ranchers had begun the conquest of “The Great 
American Desert.” By 1872 the buffalo region had 
been penetrated by three railroads, and pot-hunters 
were abroad, getting in their destructive work. The 
following year herds of bison were few and far be¬ 
tween, and the plains Indians were confronted with 
a serious situation. Primitive man in North America 
found it no easy matter to wrest a livelihood from Na¬ 
ture. Life was a struggle. With the buffalo gone, 
how was the nomad hunter to find subsistence? He 
had to steal and beg. 

It would require a volume to tell the story of the 
warring Indians of the West during the decade 1867-76. 
In 1868, the confederated Arapahoes and Cheyennes 


THE HISTORY OF COLORADO. 


61 


concluded to make another stand for their country 
against the oncoming hordes of irritable aliens who 
wanted the earth. The Union Pacific and the Kansas 
Pacific Railroads ran through the heart of the choicest 
hunting grounds on the continent. The red men 1 ‘rec¬ 
ognized in the railroad the forerunner of civilization. 
Naturally they fought with all the desperate ferocity 
of savages driven to bay.” There were other plains 
tribes besides the Arapahoes and Cheyennes involved in 
the sanguinary struggle. By the time the grass was 
tall enough to pasture their ponies the warriors made 
a supreme effort to turn back the advancing tide of 
white men. It is said that there were over 15,000 
braves on the warpath in the summer of 1868, harassing 
railroad builders and slaying settlers, stage drivers and 
teamsters. 

At first there was fighting in Kansas. Eastern Colo¬ 
rado was also infested by bands of audacious warriors 
who hung about the settlements and drove off the stock 
in broad daylight. So swift were the movements of 
the mounted braves that the army never could catch 
up with them. Therefore, a company of fifty scouts 
were organized under Colonel George A. Forsyth to 
pursue the elusive redskins. This little company of 
picked frontiersmen was nearly overwhelmed in the 
battle of Beecher Island, fought September 17-25, 1868. 
The scouts were attacked by a large force of Arapahoes, 
Cheyennes and Sioux, upward of eight hundred war¬ 
riors, of whom seventy-five were sent to the Happy 
Hunting Grounds. The celebrated war-chief, Roman 
Nose, was fatally wounded while leading a gallant 
charge of mounted braves. 

Some months later Black Kettle’s camp on the 
Washita was surprised by Custer, who vaingloriously 
reported that over a hundred men were killed, among 
them Black Kettle. According to the Indians, about 
forty of their people were slain. They were, however, 
given effective punishment. Left Hand and his war- 


62 


THE HISTORY OF COLORADO. 


riors made their last stand in this engagement. After 
that he did not care to buck against the United States 
troops, although he had the reputation of being con¬ 
siderable of a war chief among the Arapahoes. He 
observed the soldiers’ way of fighting and tried to 
imitate the tactics of the military. “They came in a 
body,” he said, “and were so much stronger than the 
Indians.” He realized that their cause was a lost 
cause, and he tried to keep out of the way of the army 
thenceforth. The Arapahoes were driven from one 
place to another. It was a losing game, and at last 
they submitted, that is, the majority were peaceful, 
unlike the more warlike Cheyennes, who had been their 
brothers and made war with them for a century or 
more. President Grant had a great influence over Left 
Hand, who visited Washington in 1869. After an inter¬ 
view with the White Father, Left Hand was a changed 
man. “The president gave me a new way of living 
and a new road,” he said. He tried thereafter to get 
the children into school and to have the young men 
engage in farming. He was more progressive than the 
head chief, Little Raven. 

In 1869 the majority of the Southern Arapahoes 
voluntarily took themselves away from Colorado and 
Kansas and settled down on a reservation in Oklahoma. 
Many of the Southern Cheyennes also smoked the pipe 
of peace and slowly took to new ways on the reserva¬ 
tion assigned to them. Some of the turbulent Chey¬ 
ennes, however, continued marauding and hostile acts 
in the early ’70’s. After a long, desolating war, they 
and other hostiles, Kiowas and Comanches, gave up the 
vain hope of “driving the whites out of their coun¬ 
try.” The palefaces were too strong for them. 

It took five or six years more of fighting and harry¬ 
ing to bring the remnants of the war-loving bands of 
Northern Arapahoes to terms. Finally the few hostiles 
were rounded up by the military. In 1876 the tribes¬ 
men were placed on the Wind River Reservation in 


THE HISTORY OF COLORADO. 


68 


Wyoming. The Northern Arapahoes are neighbors to 
their ancient enemies, the Shoshones. 

The Kiowas were settled on a reservation in Okla¬ 
homa, and have made progress toward civilization, 
many of them being converts to Christianity. Much 
has been done to educate and improve the descendants 
of the Arapahoes and Cheyennes who formerly roamed 
the plains of eastern Colorado. They have schools and 
churches and farms on their reservation in Oklahoma. 

STATE PERIOD, 1876— 

On August 1, 1876, Colorado was admitted as the 
Centennial State. It got that nickname from the cen¬ 
tennial celebration held that year in Philadelphia in 
commemoration of the signing of the Declaration of 
Independence. In 1864-5 efforts were made looking 
toward statehood, but they came to nothing. Because 
of the small population and the not over bright pros¬ 
pects of Colorado at that time, it was just as well for 
the Territory not to gain admission to the sisterhood of 
States then. The event evoked no special enthusiasm 
when it did occur, for the life of the commonwealth 
was then at a low ebb on account of the devastation 
wrought by grasshoppers for four years in succession. 
Fortunately, the dawn of a better day was at hand. 
The enabling act was passed in Congress in 1875, and 
a constitutional convention was held in December of 
that year. The constitution was adopted by the people 
of Colorado July 1, 1876. 

Colorado was the thirty-eighth State. In 1876, it 
had only twenty-six counties: Arapahoe, Bent, Boulder, 
Clear Creek, Conejos, Costilla, Douglas, Elbert, El Paso, 
Fremont, Gilpin, Grand, Hinsdale, Huerfano, Jefferson, 
Lake, La Plata, Larimer, Las Animas, Park, Pueblo, 
Rio Grande, Saguache, San Juan, Summit and Weld. 
At that time the chief towns were Black Hawk, Boul¬ 
der, Breckenridge, Canon City, Central City, Colorado 
Springs, Denver, Evans, Fairplay, Fort Collins, George¬ 
town, Golden, Idaho Springs, Jul'esburg, Kit Carson, 


64 


THE HISTORY OF COLORADO. 


Las Animas, Longmont, Pueblo and Trinidad. 

The first election for State officers was held October 
3d, and John L. Routt was the people’s choice for gov¬ 
ernor. The first State Legislature met at Denver in 
November. The first member of Congress from Colo¬ 
rado was James B. Belford, and the first senators were 
Jerome B. Chaffee and Henry M. Teller, all of them 
Republicans. 

By act of the General Assembly, in 1877, the Terri¬ 
torial Seal, with slight changes, became the State seal. 
It is a very happy design. Beneath the heraldic shield 
is the motto, Nil sine Numine, “Nothing without Divin¬ 
ity,” that is, no institution, no society, without God in 
it. The recognition of a power above and beyond us 
is necessary for idealism. Without ideals the nation 
and the State would perish. At the base of the shield 
are the pick and mallet, symbols of the mining industry, 
which was then and long afterward Colorado’s leading 
industry. In the upper part of the shield are three 
snow-capped mountains, which represent the principal 
ranges, with their grandeur and hidden wealth of gold 
and other metals. The peaks convey a hint of Colo¬ 
rado’s great natural resources, also of the sublimities 
that have left their impress on the character of the 
Colorado people. Above the shield is the blade of jus¬ 
tice and the bundle of fasces, which suggests the senti¬ 
ment: “United, we stand; divided, we fall.” This 
idea is reinforced by the words on the scroll, “Union 
and Constitution.” Herein is an echo of the conflict 
that rent the country in 1861, when the Union and the 
Constitution were imperiled, and this inscription indi¬ 
cates how Colorado stood then on this vital question* 
Over all as a crest is the sleepless eye of the Eternal 
One, which recalls the Scriptural passage, “Thou God 
seest me.” So we have at the bottom and at the top 
of Colorado’s seal intimations of the underlying belief 
of Christianity, the Divine above and in us, shaping 
our conduct as individuals and Citizens^ and the thought 


THE HISTORY OF COLORADO. 


65 


of Providence, the interchange of the other world and 
this, which ennobles life. The influences emanating 
from God are symbolized in the golden rays proceeding 
from the triangle above the eye. 

Colorado’s State House 

In the ’GO’s Colorado City and Golden were at times 
nominally the capitals of Colorado. However, Denver 
asserted her supremacy and became the permanent cap¬ 
ital of the Territory and the State. The State offices 
and the Legislature had temporary quarters in various 
buildings for upward of a score of years. 

The cornerstone of the Colorado Statehouse was laid 
July 4, 1890. In 1895 the Tenth General Assembly 
met in the new Capitol building, which was then not 
completed. Some of the decorative details were not 
finished until the year 1900. 

The Capitol was built of Gunnison granite and of 
native onyx; the cost exceeded $2,500,000. The edifice 
is of the Doric order of classic architecture, with Cor¬ 
inthian ornamentations. The architect was Mr. E. E. 
Myers of Detroit. The building is 384 feet long, 313 
feet wide, and 102 feet high from the ground floor to 
the cornices. The distance from the ground line to the 
top of the globe on the dome is 276 feet. 

The Statehouse stands on a rise of ground in East 
Denver, one mile above sea level. The site, ten acres, 
was the gift of Henry C. Brown. The dome of the 
rotunda contains colored portraits of sixteen historic 
worthies: William Gilpin, John Evans, Bela M. Hughes, 
William N. Byers, Nathaniel P. Hill, Alexander Majors, 
Kit Carson, John L. Dyer, Chief Ouray, Jim Baker, 
James W. Denver, William J. Palmer, Mrs. Frances 
Jacobs, Casimero Barela, Richard G. Buckingham, and 
Benjamin G. Eaton. 

The Progress of Forty Years 

Considering the circumstances, Colorado made sub¬ 
stantial progress in the Territorial period, but its de¬ 
velopment as a State during the past forty years has 


66 


THE HISTORY OF COLORADO. 


gone far beyond the expectations of the pioneers. Great 
is the contrast between the Colorado of 1876 and of 
1916. In 1876, Colorado’s population was about fifty 
thousand; it is now over a million. In 1876 Colorado 
had no large cities. Denver then had no more than 
ten thousand people; it now has a quarter of a million. 
In 1876, Boulder, Canon City, Greeley, Fort Collins, 
Pueblo and Colorado Springs were small towns. 

The Mining Industry 

First and foremost of the industries of early Colo¬ 
rado was mining. Digging gold was about the only 
occupation of most Coloradoans the first decade of Colo¬ 
rado history. First there was the era of placer mining; 
then of quartz and lode mining, which picked up after 
the opening of the smelter at Black Hawk in 1868. 
From that time the production of the precious metals 
steadily increased. In ’59 and ’60 the country heard 
a good deal about the “Pike’s Peak gold district.” 
The fact is, those were the days of small things in min¬ 
ing. Colorado’s gold production previous to 1870 was 
only about twenty-seven million dollars, and the out¬ 
put of silver up to that time was slightly over three 
hundred thousand dollars. After 1870 the yield of the 
gold and silver mines of Colorado Territory was from 
four to five millions annually. Up to 1876 they had 
produced about fifty-five millions’ worth of the yellow 
and white metals. Contrast that with the production 
of gold and silver since 1876. During the forty 
years, 1877-1916, it amounted to one billion dollars, 
the output of gold being $561,000,000 and that of silver, 
$439,000,000 (in round numbers). The yearly produc¬ 
tion of Colorado’s gold mines increased from three 
million in 1877 to twenty-seven million in 1900. For 
a number of years Colorado’s golden harvest exceeded 
that of California. Of late years it has been declining, 
and now California is again in the lead as a gold pro¬ 
ducer. California is rightly named the Golden State, 
for its yield of the royal metal has amounted to mare 


THE HISTORY OF COLORADO. 


67 


than a billion and a half since 1848. Colorado, how¬ 
ever, leads in silver. Its yield of copper, lead and zinc 
has been considerable; and it ranks high as a coal pro¬ 
ducing State. Colorado’s mineral production, includ¬ 
ing oil and other products besides the precious metals, 
exceeds two billion dollars. 

Colorado is sometimes called the “Silver State,” 
and it fairly earned the name, which is also applied to 
Nevada. During the period of eighteen years, 1877- 
1894, Colorado’s output of silver exceeded that of its 
gold. The harvest of the white metal in those years 
amounted to about $260,000,000. The annual produc¬ 
tion of gold in those years was from three to nine mil¬ 
lion, while that of silver was from four to twenty-three 
million. Silver mining was at its height in the early 
’90’s. 

During a period of sixteen years the Centennial 
State saw flush times. Then came the panic of 1893, 
the market price of silver fell, and a long spell of finan¬ 
cial depression followed. The stagnation of the silver 
industry was partly the result of the closing of the 
mints of India. Colorado was harder hit by the de¬ 
monetization of silver than any other State. Leadville 
staggered under the blow. Then the enterprising citi¬ 
zens of the Carbonate City turned their atttention to 
gold, lead and zinc. Notwithstanding the strike of 
1896 and 1897, the mining industry picked up in Lake 
County. An exciting episode in Colorado’s political 
history was the fight for free silver in the presidential 
campaign of 1896. Both parties in this State were then 
as one on the silver question. Those dull years saw 
the beginning of the development of some of Cripple 
Creek’s most productive mines. This ‘ 1 three-hundred- 
million-dollar cow pasture” is the most colossal Gol- 
conda ever found in Colorado or any other part of the 
Rocky Mountain country. In those years Creede and 
Ouray were also contributing to the wpalth of Colorado, 
to say nothing of other mining camps. Of late years 


68 


THE HISTORY OF COLORADO. 


the production of molybdenum and other raye metals 
has exceeded twenty million dollars. 

The Rise of the Cattle Industry 
The ’60’s saw the beginning of the cattle industry 
m Colorado; in the ’70’s it grew to vast proportions; 
the business reached its height in 1883, or about that 
time. It is said that there used to be more cattle in the 
State then than now, the number being estimated as 
high as two million head, which is doubtless an exag¬ 
geration. No government census figures are available 
for verifying the newspaper estimates of 1882 and 1883. 
For a score of years, at least, cattle raising flourished 
on the plains of eastern Colorado, also in the mountain 
valleys, notably in North, Middle, South and San Luis 
parks. Those were the days of the “Cattle Kings.” 
Some of them owned immense ranches, on which fed 
enormous herds, representing a capital of tens of mil¬ 
lions of dollars; they employed thousands of herders 
or cowpuncheys. In the ’70’s Larimer was the leading 
county in stockgrowing, which was then the chief in¬ 
dustry in Las Animas, Bent, Pueblo, Douglas, Elbert, 
Weld and other plains counties. With the expansion 
of the Republic, due to immigration from foreign coun¬ 
tries and the building of transcontinental railroads, the 
influx of settlers gradually reduced the area of the 
open range; the herds of beef cattle dwindled, and the 
number of dairy cows increased. In the late ’80’s and 
in the ’90’s irrigation farming took a great stride for¬ 
ward, and the cowboy found his occupation gone in 
many sections. He is still to be found on the Western 
Slope, where the cattle industry grew to large propor¬ 
tions in the ’80’s and ’90’s. It is still thriving there 
and in the mountain valleys, whose nutritious grasses 
make the best beef in the world. The past score of 
years has witnessed the transformation of eastern Colo¬ 
rado by irrigation and “dry farming.” The rancher 
finds it more profitable to plow his land and plant field 
crops; he makes more monfey by selling butter, milk or 


THE HISTORY OF COLORADO. 


69 


cream than he would by raising beeves for the market. 
The invention of the separator has been a great boon 
to dairy farmers. They also gyow sheep, hogs, poultry 
and bees to advantage. Some of them diversify their 
products by planting orchards and raising small fruits. 
The day of the big cattle ranch is passing. 

AgTiculture in Colorado 

Colorado is not a great farming State like Iowa or 
Illinois. However, hay (especially alfalfa), grain and 
potatoes are grown here successfully. Colorado leads 
all the States in the area planted to sugar beets. ‘ ‘ Dry 
farming” is making headway in many localities of the 
Centennial State. Between four and five million acres 
are under cultivation in Colorado. The gains in agri¬ 
culture during the past forty years are shown in the 
increased value of farms, as follows: $5,223,000 in 1870; 
$41,991,000 in 1880; $117,439,000 in 1890; $161,045,000 
in 1900; and $491,471,000 in 1910. In other words, the 
advance was a hundred fold in two score years. The 
value of our agricultural products varies year by year 
from ninety to one hundred million dollars. 

Manufactures of Colorado 

Colorado is not a great manufacturing State. 
Pueblo is sometimes called the “Pittsburgh of the 
West.” There are some factories in Denver and other 
cities of the State. We have some large smelters, and 
in the manufacture of beet sugar Colorado leads all the 
States of the Union, the mills turning out enough sugar 
for home consumption, also for the people of several 
other commonwealths. In 1880 there were about six 
hundred manufacturing establishments in Colorado, 
with a combined capital of $4,311,000 and 5,074 em¬ 
ployees. In 1909 Colorado had 2,034 manufacturing 
establishments, employing 28,067 wage earners; the 
value of the products was $130,044,000. The value of 
our manufactures in 1916 was probably as much as 
$ 200 , 000 , 000 . 


70 


THE HISTORY OF COLORADO. 


Spiritual and Intellectual Gains 

In this period the religious denominations made 
tremendous gains; they built many churches and mis¬ 
sions, and widened the area of their activities in various 
directions. The Baptists founded Colorado Woman's 
College, and the Presbyterians started Westminster 
College. The Catholics engaged in numerous educa¬ 
tional enterprises. Spiritual forces kept pace with 
material agencies or did not lag far behind. Art and 
architecture were given some attention and encourage¬ 
ment. The love of music was fostered. Museums and 
public libraries were established. The spirit of man 
expressed itself in poetry and prose of high literary 
value. 

Humanitarian impulses had some place in the life 
of the community. Reformers and altruists, both men 
and women, erected hospitals for the relief of suffering, 
and public-spirited citizens supported other institutions 
for the uplift of society. Nor should the struggle for 
industrial betterment be forgotten; something was done 
to secure justice for the workers. There were some 
Coloradoans who cherished ideals and tried to live up 
to high ethical standards. Various organizations in 
one way or another contributed to the progress of 
refinement or were factors in character-building. So 
this imperial commonwealth moved forward in the 
direction of civilization. 

The efforts of the teacher have counted for much, 
not only toward the intellectual training of the young 
but for the improvement of conduct. Colorado is not 
only the most populous of the Rocky Mountain States; 
it has a higher percentage of literacy. The rising gen¬ 
eration is well instructed. The importance of the pub¬ 
lic school is recognized. The quarter of a million dol¬ 
lars expended for the schools of Colorado in 1875 looks 
small in comparison with the disbursements of 1915 
for teachers’ salaries, fuel and other current expenses 
of the public schools, amounting to $6,207,651 (to say 


THE HISTROY OF COLORADO. 


71 


nothing of money spent for school libraries and other 
items). In the year 1915 the number of persons of 
school age (6-20) was 237,264; the enrolment, 184,471; 
average daily attendance, 134,758; number of high 
schools, 171; number of schoolhouses, 3,099; number of 
teachers, 1915-1916 (in both graded and rural schools), 
6,573. In many ways the schools of to-day are better 
than the schools of Territorial days. In the teaching 
body professional efficiency is emphasized more than in 
the early days, especially since the school for teachers 
was opened in Greeley. The work of standardizing the 
schools means much for education. Educators of the 
present do not, and should not, limit their labors to 
the instruction of children in the schoolroom alone; 
they should esteem it a privilege to enlighten public 
opinion; they should remember that it is their duty to 
help Colorado, a'S they can by observing Arbor Day 
and by encouraging their pupils to plant gardens, also 
by having the boys and girls of the upper grades write 
Colorado essays. In short it should be the aim of the 
teacher not only to impart book knowledge to their 
pupils but to arouse in them an enthusiasm for Colo¬ 
rado, to get them to feel a pride in their State and the 
achievements of illustrious Coloradoans. 

Some of the notable occurrences of Colorado annals 
in the past two score years may be singled out. In 
1877, valuable deposits of lead-silver ore were found in 
Lake County, and a stampede to Leadville followed; 
the building of the Grant smelter there is an event 
comparable in importance with the founding of the 
smelter at Black Hawk a decade earlier. In 1881, the 
Utes were removed and their reservation in western 
Colorado thrown open to settlement by the whites. In 
1890, the Eldorado of Cripple Creek was discovered 
by Robert Womack. In 1893, the right of suffrage was 
extended to women. In 1899, Coloradoans engaged in 
beet-sugar culture, which has grown into a great in¬ 
dustry. In 1904, the U. S. government began work on 


72 


THE HISTORY OF COLORADO. 


the Gunnison Tunnel project, which supplies water for 
over 100,000 acres in the Uncompahgre Valley. In 1914, 
the prohibition amendment was adopted, and a year 
later the people of our State passed through a social 
upheaval whose results are far-reaching. In 1915, the 
Rocky Mountain National Park was dedicated. This 
year a law was enacted, creating an Industrial Commis¬ 
sion for the settlement of disputes between employers 
and employees. In the summer of 1917 a special ses¬ 
sion of the Legislature was called to pass financial 
measures relating to Colorado’s part in the European 
war. 

The transcendent event of American history in the 
year 1917 was the entry of the United States into the 
great world war. On April 6, our government de¬ 
clared war on Germany. Forthwith preparations were 
begun on a gigantic scale to increase the army, also to 
train and equip it for oversea duty. In round num¬ 
bers, there were thirty-one thousand men drafted in 
Colorado, including some voluntary enlistments. About 
twenty thousand of these served in the American Ex¬ 
peditionary Forces in Belgium, France and elsewhere in 
the Allied countries. Colorado’s quota was nearly one 
per cent, of the entire American army, 3,441,000 men, 
of whom about two million were in France. It is to be 
remembered, however, that there were some Colo¬ 
radoans who went abroad and aided the Allied cause 
in one way or another long before American troops 
were operating in Belgium and France; they were ad¬ 
venturous spirits who had in them something of the 
spirit of Lafayette. Theirs was “the wider patriotism” 
that gratefully recognizes our debt to France, and, like 
crusaders of a newer time, they rushed to the rescue of 
invaded Belgium. 

Whether volunteers or drafted men, the great ma¬ 
jority of the Colorado officers and privates that were 
units in the American Expeditionary Forces were 
soldiers of liberty. They displayed the heroic spirit of 


THE HISTORY OF COLORADO. 


73 


self-sacrifice. They were actuated by a desire to ward 
off impending danger from their own land, also to save 
freedom and civilization for mankind in the ages to 
come. They were moved by a humanitarian impulse 
that may be called loyalty to the world. There are 
three loyalties: (1) Loyalty to our State, duty to 
the commonwealth in which we live and attachment for 
it; (2) loyalty to the nation, love of country, patriot¬ 
ism; and (3) loyalty to the world, to be interested in 
the well-being of the human race, to have an inter¬ 
national outlook, the cosmopolitan spirit. 

The European war was begun in the summer of 
1914, and we kept out of it nearly three years. Then 
public indignation, roused by Teuton atrocities, 
brought us to the breaking point, and the Republic 
took the fateful step. A liberty-loving people, we 
could not help seeing that the extension of despotic im¬ 
perialism from Germany into republican France was 
fraught with danger to our own country. It was our 
duty to take up arms against an oppressive oligarchy 
that was a menace to equality and freedom for alfymen* 
Prussian autocracy threatened the perpetuity of demo¬ 
cratic institutions in America. Believing that might 
does not make right, we went to wai that “govern¬ 
ment of the people, by the people, for the people, 
should not perish from the earth.” 

The splendid adventure that our soldiers entered 
upon is sometimes called “the new chivalry.” It was 
a noble cause for which they fought, for which many 
made the supreme sacrifice, offering their lives on the 
altar of liberty. As a result of their efforts and the ef¬ 
forts of the gallant Allies, something was gained by 
the forces fighting against autocracy; they won the 
victory over Prussian imperialism. Success was due 
to the united endeavors of the citizenry and the mili¬ 
tary, for the men, women and children at home fur¬ 
nished the sinews of war. 

The United States was at war with Germany one 
year, seven months and five days. It was a tremend¬ 
ous struggle in which our people engaged. Thousands 
upon thousands of the civilian population of the Cen- 


74 


THE HISTORY OF COLORADO 


tennial State contributed to the success of the Allied 
cause. Such organizations as the Boy Scouts, Campfire 
Girls, the Red Cross and other workers in many ways 
did their bit and helped win the war as well as did 
those who showed bravery on the firing line. The war 
spirit pervaded civilian activities to a marked degree; 
it changed the whole way of life for many members of 
the community. 

One outstanding feature of Colorado’s part in the 
mighty conflict was the campaign to popularize gar¬ 
dening in backyards and vacant lots of cities and 
towns. The importance of an augmented production 
of wheat, sugar and other foodstuffs was emphasized. 
Colorado’s bean acreage was increased sevenfold. 
Coloradoans showed patriotic zeal in their efforts to 
save food that flour might be sent abroad. Their acts 
of self-denial enabled the fighting men in Belgium and 
France to carry on a successful campaign against the 
foe. One act of the special session of the legislature, 
July, 1917, was the passage of a $2,500,000 bond issue. 
Four Liberty loans were subscribed, the amounts ob¬ 
tained aggregating $115,010,000, and the sales of War 
Savings stamps exceeded thirteen million dollars. A 
half million dollars was raised for war work by the Y. 
M. C. A. A Red Cross war fund of $3,354,000 was col¬ 
lected. The Colorado membership in the American 
Red Cross was increased by 155,000. Credit for war 
work should be given the churches and the Salvation 
Army I 

Educators found themselves confronted with new 
tasks. The study of European geography was given 
an extraordinary impetus. Classes of grown-up per¬ 
sons learning French were largely attended. The 
4 ‘ Marseillaise ” was frequently sung and played on 
public occasions; so was the Belgian national hymn, 
“La Brabanconne.” 

The greater number of the Colorado recruits of 1917 
were in training camps in different parts of the country 
for six months or more. Some of them sailed for over¬ 
sea service in the winter, and others in the spring of 
1918. They were in training at various camps in 


THE HISTORY OF COLORADO 


75 


France two or three months, then they were actively 
engaged in three drives—Chateau Thierry, Soissons 
and Argonne Forest. Their presence put life and hope 
into the British and French troops, whose morale was 
ebbing fast until the arrival of American troopers, in¬ 
fantrymen and artillerymen. Colorado men fought 
magnificently in the Aisne-Marne offensive, also in 
the St. Mihiel offensive, which saved Veydun. 
They demonstrated their prowess in the mili¬ 
tary operations of the fall, serving without rest 
until the armistice of November 11 ended hostili¬ 
ties. General Pershing publicly thanked the brigades 
of which the Colorado soldiers were members and 
highly commended their valor. Some Colorado men, 
served in Siberia, and our sailor boys helped win 
Freedom’s battle Some of the Colorado soldiers were 
with the army of occupation in Germany and on the 
Rhine in 1919. The heroic record of our boys in 
khaki is a matter of pride to every public-spirited per¬ 
son of this commonwealth. Their efficiency was due 
to superior equipment and the spirit of the men. 

In the fall of 1918 Colorado was ravaged by the 
influenza epidemic, which took a heavy toll of death. 

The republicans won the election of 1918. The chief 
State officers are: Oliver H. Shoup, Governor; George 
Stephan, Lieutenant Governor; James R. Noland, Sec¬ 
retary of State; H. E. Mulnix, State Treasurer; Arthur 
M. Strong, Auditor; Mary C. C. Bradford, Supt. of 
Public Instruction; and Victor E. Keyes, Attorney 
General. 

The year 1918 was marked by a large influx of im¬ 
migrants, mostly Americans from other States, who set¬ 
tled in eastern Colorado and in the cities and towns. 
There were many new settlers in 1919. The Mexican 
population in the State was considerably increased. 
The cities had a great building boom. 

War times were accompanied by inflation of prices 
and by prosperity for the majority of the workers in 
the State. The after-war period was characterized by 
industrial unrest, due partly to the high cost of living. 


76 


THE HISTORY OF COLORADO 


Strikes of street-railway employees, miners and other 
laborers were of frequent occurrence in the latter part 
of 1919. 

Visiting heroes from Belgium and France, who 
toured Colorado in wartime, received enthusiastic wel¬ 
comes. In September, 1919, President Wilson spoke to 
immense audiences when on his trip through the State. 
Prominent senators made addresses here on the League 
of Nations 

Liberty Day, November 11, was observed as a holi¬ 
day in commemoration of the signing of the armistice, 
which ended the war. 


BOOKS ON COLORADO 

Bancroft, H. H., History of Colorado. 

Beggs, W. N. and others, Colorado Souvenir Book. 
Byers, W. N., History of Colorado. 

Chapin, F. H., Land of the Cliff-Dwellers. 

Ferril, W. C., Sketches of Colorado. 

Hall, Frank, History of Colorado. 

Hill, Alice Polk, Colorado Pioneers in Picture and Story. 
Ingersoll, Ernest, Crest of the Continent. 

Ingersoll, Ernest, Knocking ’Round the Rockies. 
Jocknick, Sidney, Early Days on the Western Slope 
of Colorado. 

Kinder and Spencer, Evenings with Colorado Poets. 
Lakes, Arthur, Geology of Colorado. 

Mills, E. A., Rocky Mountain Wonderland. 

Mills, E. A., Spell of the Rockies. 

Nordenskiold, G., Cliff Dwellers of the Mesa Verde. 
Parsons, Eugene, A Guidebook to Colorado. 

Parsons, Eugene, The Making of Colorado. 

Smiley, J. C., History of Colorado. 

Smiley, J. C., History of Denver. 



THE HISTORY OF COLORADO 


77 


GOVERNORS OF THE TERRITORY OF COLORADO 

William Gilpin.,.1861-1862 

John Evans.1862-1865 

Alexander Cummings.1865-1867 

Alexander C. Hunt.1867-1869 

Edward M. McCook.1869-1873 

Samuel H. Elbert.1873-1874 

Edward M. McCook.1874-1875 

John L. Routt.1875-1876 

GOVERNORS OF THE STATE OF COLORADO 

John L. Routt.1876-1879 

Frederick W. Pitkin..1879-1883 

James B. Grant...1883-1885 

Benjamin H. Eaton......1885-1887 

Alva Adams.1887-1889 

Job A. Cooper.1889-1891 

John L. Routt.1891-1893 

Davis H. Waite.1893-1895 

Albert W. Mclntire.,.1895-1897 

Alva Adams.,..1897-1899 

Charles S. Thomas.1899-1901 

James B. Orman.1901-1903 

James H. Peabody.1903-1905 

Alva Adams (sixty-six days).1905 

James H. Peabody (one day).1905 

Jesse F. McDonald.1905-1907 

Henry A. Buchtel.1907-1909 

John F. Shafroth. 1909-1913 

Elias M. Ammons.1913-1915 

George A. Carlson.1915-1917 

Julius C. Gunter.1917-1919 

Oliver H. Shoup.1919- 









































CONSTITUTION 


OF THE 

STATE OF COLORADO 


Edited and Indexed by 
FRANK H. H. ROBERTS, A. M., Ph. D. 


ADOPTED MARCH 14, 1876 AND RATIFIED JULY 1, 1876. 
WITH AMENDMENTS. 


Copyrighted, 1920 

HERRICK BOOK & STATIONERY CO. 





ACKNOWLEDGMENT 


The editor is under great obligation to Wm. H. Gabbert, 
Justice of the Supreme Court, and to Thomas F. Dillon, 
Deputy Secretary of State, for valuable aid in preparing this 
book. 


NOTE 

In preparing this edition of the Constitution, the editor 
was unable to find a correctly printed copy of the Constitution 
of Colorado, hence the original copies of the Constitution and 
amendments thereto were used in preparing the copy. The 
punctuation has been faithfully followed and where the orig¬ 
inal was underscored boldface type has been used. The editor 
has inserted at the beginning of each section a note printed 
in boldface type. 



CONSTITUTION 

OF THE 

STATE OF COLORADO 


PREAMBLE. 

We, the People of Colorado, with profound reverence for 
the Supreme Ruier of the Universe, in order to form a more 
independent and perfect government; establish justice, insure 
tranquillity; provide for the common defense; promote the 
general welfare, and secure the blessings of liberty to our¬ 
selves and our posterity, do ordain and establish this Con¬ 
stitution for 


THE “STATE OF COLORADO/’ 

ARTICLE I. 

Boundaries. 

The boundaries of the State of Colorado, shall be as fol¬ 
lows: Commencing on the thirty-seventh parallel of north 

latitude, where the twenty-fifth meridian of longitude west 
from Washington crosses the same; thence north, on said 
meridian, to the forty-first parallel of north latitude; thence 
along said parallel, west, to the thirty-second meridian of 
longitude west from Washington; thence south, on said merid¬ 
ian, to the thirty-seventh parallel of north latitude; thence 
along said thirty-seventh parallel of north latitude to the place 
of beginning. 

ARTICLE 11. 

Bill of Rights. 

In order to assert our rights, acknowledge our duties, and 
proclaim the principles upon which our government is founded, 
we declare: 

Sec. 1. Political power and origin of government.— 
That all political power is vested in and derived from the 
people; that all government, of right, originates from the 
people, is founded upon their will only, and is instituted solely 
for the good of the whole. 

Sec. 2. The right to alter or abolish the government.— 
That the people of this State have the sole and exclusive right 



4 


CONSTITUTION OF COLORADO. 


of governing themselves, as a free, sovereign and independent 
State; and to alter and abolish their Constitution and form of 
government whenever they may deem it necessary to their 
safety and happiness; Provided, Such change be not repugnant 
to the Constitution of the United States. 

Sec. 3. Inalienable rights. —That all persons have certain 
natural, essential and inalienable rights, among which may be 
reckoned the right of enjoying and defending their lives and 
liberties; that of acquiring, possessing, and protecting prop¬ 
erty; and of seeking and obtaining their safety and happiness. 

Sec. 4. Religious freedom. —That the free exercise and 

enjoyment of religious profession and worship, without dis¬ 
crimination. shall forever hereafter be guaranteed; and no 
person shall be denied any civil or political right, privilege, or 
capacity, on account of his opinions concerning religion; but 
the liberty of conscience hereby secured shall not be construed 
to dispense with oaths or affirmations, excuse acts of licen¬ 
tiousness, or justify practices inconsistent with the good order, 
peace or safety of the State. No person shall be required to 
attend or support any ministry or place of worship, religious 
sect, or denomination against his consent. Nor shall any pref¬ 
erence be given by law to any religious denomination or mode 
of worship. 

Sec. 5. Elections and suffrage. —That all elections shall be 
free and open; and no power, civil or military, shall at any 
time interfere to prevent the free exercise of the right of 
suffrage. 

Sec. 6. Courts open to all. —That Courts of Justice shall be 
open to every person, and a speedy remedy afforded for every 
injury to person, property, or character; and that right and 
justice should be administered without sale, denial, or delay. 

Sec. 7. Searches and seizures.—That the people shall be 

secure in their persons, papers, homes, and effects, from 
unreasonable searches and seizures; and no warrant to search 
any place or seize any person or thing shall issue without des¬ 
cribing the place to be searched or the person or thing to be 
seized, as near as may be, nor without probable cause, sup¬ 
ported by oath or affirmation reduced to writing. 

Sec. 8. Criminal proceedings by indictment. —That, until 
otherwise provided by law, no person shall, for a felony, be 
proceeded against criminally, otherwise than by indictment, 
except in cases arising in the land or naval forces, or in the 
militia when in actual service in time of war or public danger. 
In all other cases, offenses shall be prosecuted criminally by 
indictment or information. 

Sec. 9. Treason, bill of attainder, suicide. —That treason 
against the State can consist only in levying war against it, or 
in adhering to its enemies, giving them aid and comfort; that 
no person can be convicted of treason, unless on the testimony 


CONSTITUTION OF COLORADO. 


5 


of two witnesses to the same overt act, or on his confession in 
open Court; that no person can be attainted of treason or felony 
by the General Assembly; that no conviction can work corrup¬ 
tion of blood or forfeiture of estate; that the estates of such 
persons as may destroy their own lives shall descend or vest 
as in cases of natural death. 

Sec. 10. Freedom of speech and the press. —That no law 
shall be passed impairing the freedom of speech; that every 
person shall be free to speak, write or publish whatever he will 
on any subject, being responsible for all abuse of that liberty; 
and that in all suits and prosecutions for libel the truth 
thereof may be given in evidence, and the jury, under the 
direction of the Court, shall determine the law and the fact. 

Sec. 11. Ex post facto laws. —That no ex post facto law, 
nor law impairing the obligation of contracts, or retrospective 
in its operation, or making any irrevocable grant of special 
privileges, franchises or immunities, shall be passed by the 

General Assembly. 

Sec. 12. Imprisonment for debt. —That' no person shall be 
imprisoned for debt, unless upon refusal to deliver up his estate 
for the benefit of his creditors, in such manner as shall be 
prescribed by law, or in cases of tort or where there is a strong 
presumption of fraud. 

Sec. 13. Right to bear arms. —That the right of no person 
to keep and bear arms in defense of his home, person and 
property, or in aid of the civil power when thereto legally sum¬ 
moned, shall be called in question; but nothing herein con¬ 
tained shall be construed to justify the practice of carrying 
concealed weapons. 

Sec. 14. Eminent domain. —That private property shall not 
be taken for private use unless by consent of the owner, except 
for private ways of necessity, and except for reservoirs, drains, 
flumes or ditches on or across, the lands of others, for agri¬ 
cultural, mining, milling, domestic or sanitary purposes- 

Sec. 15. Eminent domain. —That private property shall not 
be taken or damaged, for public or private use without just 
compensation. Such compensation shall be ascertained by a 
Board of Commissioners, of not less than three freeholders, or 
by a jury, when required by the owner of the property, in such 
manner as may be prescribed by law, and until the same shall 
be paid to the owner, or into court for the owner, the property 
shall not be needlessly disturbed, or the proprietary rights of 
the owner therein divested; and whenever an attempt is made 
to take private property for a use alleged to be public, the 
question whether the contemplated use be really public, shall 
be a Judicial question, and determined as such without regard 
to any legislative assertion that the use is public. 

Sec. 16. Prosecutions, right of defendant. —That in crimi¬ 
nal prosecutions the accused shall have the right to appear and 


6 


CONSTITUTION OF COLORADO. 


defend in person and by counsel; to demand the nature and 
cause of the accusation; to meet the witnesses against him face 
to face; to have process to compel the attendance of witnesses 
in his behalf, and a speedy public trial by an impartial jury 
of the county or district in which the offense is alleged to have 
been committed. 

Sec. 17. Right of witnesses. —That no person shall be im¬ 
prisoned for the purpose of securing his testimony in any case 
longer than may be necessary in order to take his deposition. 
If he can give security he shall be discharged; if he cannot give 
security, his deposition shall be taken by some Judge of the 
Supreme, District or County Court, at the earliest time he can 
attend, at some convenient place by him appointed for that 
purpose, of which time and place the accused and the attorney 
prosecuting for the people, shall have reasonable notice. The 
accused shall have the right to appear in person and by coun¬ 
sel. If he have no counsel, the Judge shall assign him one in 
that behalf only. On the completion of such examination the 
witness shall be discharged on his own recognizance, entered 
into before said Judge, but such deposition shall not be used if 
in the opinion of the Court the personal attendance of the wit¬ 
ness might be procured by the prosecution, or is procured by 
the accused. No exception shall be taken to such deposition 
as to matters of form. 

Sec. 18. Rights of accused.—That no person shall be com¬ 
pelled to testify against himself in a criminal case, nor shall 
any person be twice put in jeopardy for the same offense. If 
the jury disagree, or if the judgment be arrested after verdict, 
or if the judgment be reversed for error in law, the accused 
shall not be deemed to have been in jeopardy. 

Sec. 19- Right to bail. —That all persons shall be bailable 
by sufficient sureties except for capital offenses, when the 
proof is evident or the presumption great. 

Sec. 20. Excessive bail.—That excessive bail shall not be 
required, nor excessive fines imposed, nor cruel and unusual 
punishment inflicted. 

Sec. 21. Habeas corpus. —That the privilege of the writ of 
habeas corpus shall never be suspended, unless when in case of 
rebellion or invasion, the public safety may require it. 

Sec. 22. Military subordinate to civil power. —That the 
military shall always be in strict subordination to the civil 
power; that no soldier shall, in time of peace, be quartered in 
any house without the consent of the owner, nor in time of 
war except in the manner prescribed by law. 

Sec. 23. Trial by jury. —The right of trial by jury shall 
remain inviolate in criminal cases; but a jury in civil cases in 
all Courts, or in criminal cases in Courts not of record, may 
consist of less than twelve men, as may be prescribed by law. 
Hereafter a Grand Jury shall consist of twelve men, any nine 


CONSTITUTION OF COLORADO. 


7 


of whom concurring may find an indictment: Provided, The 
General Assembly may change, regulate or abolish the Grand 
Jury system. 

Sec. 24. Right of petition.—That the people have the right 
peaceably to assemble for the common good, and to apply to 
those invested with the powers of government for redress of 
grievances, by petition or remonstrance. 

Sec. 25. Due process of law.—That no person shall be 
deprived of life, liberty, or property, without due process of 
law. 


Sec. 26. Slavery. —That there shall never be in this State 
either slavery or involuntary servitude, except as a punishment 
for crime, whereof the party shall have been duly convicted. 

Sec. 27. Property rights of Aliens. —Aliens, who are or 
who may hereafter become bona fide residents of this State, 
may acquire, inherit, possess, enjoy and dispose of property, 
real and personal, as native born citizens. 

Sec. 28. Rights reserved. —The enumeration in this Con¬ 
stitution of certain rights shall not be construed to deny, 
impair, or disparage, others retained by the people. 

ARTICLE III. 

Distribution of Powers. 

The powers of the government of this State are divided 
into three distinct departments,—the Legislative, Executive and 
Judicial; and no person or collection of persons, charged with 
the exercise of powers properly belonging to one of these 
departments shall exercise any power properly belonging to 
either of the others, except as in this Constitution expressly 
directed or permitted. 


ARTICLE IV. 

Executive Department. 

Sec. 1. Elective executive officers. —The Executive De¬ 
partment shall consist cf a Governor, Lieutenant Governor, 
Secretary of State, Auditor of State, State Treasurer, Attorney 
General, and Superintendent of Public Instruction, each of 
whom shall hold his office for the term of two years, begin¬ 
ning on the second Tuesday of January next after his election; 
Provided, That the terms of office of those chosen at the first 
election held under this Constitution shall begin on the day 
appointed for the first meeting of the General Assembly. The 
officers of the Executive Department, except the Lieutenant 
Governor, shall, during their term of office, reside at the seat 
of government, where they shall keep the public records, books 
and papers. They shall perform such duties as are prescribed 
by this Constitution or by law. 


8 


CONSTITUTION OF COLORADO. 


Sec, 2. The Governor. —The supreme executive power of 
the State shall be vested in the Governor, who shall take care 
that the laws be faithfully executed. 

Sec. 3. Elections, vote canvassed. —The officers named in 
section one of this article, shall be chosen on the day of the gen¬ 
eral election, by the qualified electors of the State. The returns 
of every election for said officers shall be sealed up and trans¬ 
mitted to the Secretary of State, directed to the Speaker of 
the House of Representatives, who shall immediately, upon the 
organization of the House, and before proceeding to other 
business, open and publish the same in the presence of a major¬ 
ity of the members of both Houses of the General Assembly, 
who shall for that purpose assemble in the House of Repre¬ 
sentatives. The person having the highest number of votes 
for either of said offices shall be declared duly elected, but if 
two or more have an equal and the highest number of votes 
for the same office, one of them shall be chosen thereto by the 
two Houses, on joint ballot. Contested elections for said offices 
shall be determined by the two Houses, on joint ballot, in such 
manner as may be prescribed by law. 

Sec. 4. Eligibility. —No person shall be eligible to the 
office of Governor, Lieutenant Governor, or Superintendent of 
Public Instruction unless he shall have attained the age of 
thirty years, nor to the office of Auditor of State, Secretary of 
State, or State Treasurer, unless he shall have attained the 
age of twenty-five years, nor to the office of Attorney General 
unless he shall have attained the age of twenty-five years, 
and be a licensed attorney of the Supreme Court of the State, 
or of the Territory of Colorado, in good standing. At the first 
election under this Constitution, any person being a qualified 
elector at the time of the adoption of this Constitution, and 
having the qualifications above herein prescribed for any one 
of said offices shall be eligible thereto; but thereafter no per¬ 
son shall be eligible to any one of said offices unless, in addi¬ 
tion to the qualifications above prescribed therefor, he shall be 
a citizen of the United States, and have resided within the 
limits of the State two years next preceding his election. 

Sec. 5. Commander-in-chief of militia.— The Governor 
shall be commander-in-chief of the military forces of the| 
State, except when they shall be called into actual service of 
the United States. He shall have power to call out the militia 
to execute the laws, suppress insurrection or repei invasion. 

Sec. 6. Appointment of officers—Vacancies. —The Govern¬ 
or shall nominate, and by and with the consent of the Senate, 
appoint all officers whose offices are established by this Con¬ 
stitution, or which may be created by law, and whose appoint¬ 
ment or election is not otherwise provided for, and may remove 
any such officer for incompetency, neglect of duty or malfeas¬ 
ance in office. If during the recess of the Senate a vacancy 
occur in any such office, the Governor shall appoint some fit 


CONSTITUTION OF COLORADO. 


9 


person to discharge the duties thereof until the next meeting 
of the Senate, when he shall nominate some person to fill such 
office. If the office of Auditor of State, State Treasurer, Secre¬ 
tary of State, Attorney General, or Superintendent of Public 
Instruction shall be vacated by death, resignation or otherwise, 
it shall be the duty of the Governor to fill the same by appoint¬ 
ment, and the appointee shall hold his office until his successor 
shall be elected and qualified in such manner as may be provided 
by law. The Senate in deliberating upon executive nominations 
may sit with closed doors, but in acting upon nominations they 
shall sit with open doors, and the vote shall be taken by ayes 
and noes, which shall be entered upon the journal. 

Sec. 7. Reprieves, commutations and pardons. —The Gov¬ 
ernor shall have power to grant reprieves, commutations and 
pardons after conviction, for all offenses except treason, and 
except in case of impeachment, subject to such regulations as 
may be prescribed by law relative to the manner of applying 
for pardons, but he shall in every case where he may exercise 
this power, send to the General Assembly, at its first session 
thereafter, a transcript of the petition, all proceedings, and the 
reasons for his action. 

Sec. 8. Governor’s messages. —The Governor may require 
information in writing from the officers of the Executive 
department upon any subject relating to the duties of their 
respective offices, which information shall be given upon oath 
whenever so required; he may also require information in writ¬ 
ing at any time, under oath, from all officers and managers of 
State institutions, upon any subject relating to the condition, 
management and expenses of their respective offices and insti¬ 
tutions. The Governor shall, at the commencement of each 
session, and from time to time, by message, give to the General 
Assembly information of the condition of the State, and shall 
recommend such measures as he shall deem expedient. He shall 
also send to the General Assembly a statement, with vouchers, 
of the expenditures of all moneys belonging to the State and 
paid out by him. He shall, at the commencement of eacH 
session, present estimates of the amount of money required to 
be raised by taxation for all purposes of the State. 

Sec. 9. Extraordinary sessions of General Assembly and 

Senate. —The Governor may, on extraordinary occasions con¬ 
vene the General Assembly, by proclamation, stating therein 
the purpose for which it is to assemble; but at such special 
session no business shall be transacted other than tlfat specialty 
named in the proclamation. He may by proclamation, convene 
the Senate in extraordinary session for the transaction of 
Executive business. 

Sec. 10. Governor may prorogue the General Assembly.— 
The Governor, in case of a disagreement between the two 
Houses as to the time of adjournment, may upon the same 
being certified to him, by the House last moving adjournment, 


10 


CONSTITUTION OF COLORADO. 


adjourn the General Assembly to a day not later than the first 
day of the next regular session. 

Sec. 11. Legislative power of Governor. —Every bill passed 
by the General Assembly shall, before it become^ a law, be pre¬ 
sented to the Governor. If he approve, he shall sign it, and 
thereupon it shall become a law, but if he do not approve, he 
shall return it, with his objections, to the House in which it 
originated, which House shall enter the objections at large 
upon its journal, and proceed to reconsider the bill. If then, 
two-thirds of the members elected agree to pass the same, it 
shall be sent, together with the objections, to the other House, 
by which it shall likewise be reconsidered, and if approved by 
two-thirds of the members elected to that House, it shall become 
a law, notwithstanding the objections of the Governor. In all 
such cases the vote of each House shall be determined by ayes 
and noes, to be entered upon the journal. If any bill shall not 
be returned by the Governor within ten days after it shall have 
been presented to him, the same shall be a law in like manner 
as if he had signed it, unless the General Assembly shall by 
their adjournment prevent its return, in which case it shall be 
filed with his objections, in the office of the Secretary of State, 
within thirty days after such adjournment, or else become a law. 

Sec. 12. Appropriation bills, veto by items. —The Governor 
shall have power to disapprove of any item or items of any bill 
making appropriations of money, embracing distinct items, and 
the part or parts of the bill approved shall be law, and the 
item or items disapproved shall be void, unless enacted in man¬ 
ner following: If the General Assembly be in session, he shall 
transmit to the House in which the bill originated a copy of the 
item or items thereof disapproved, together with his objections 
thereto, and the items objected to shall be separately recon¬ 
sidered, and each item shall then take the same course as is 
prescribed for the passage of bills over the Executive veto. 

Lieutenant Governor. 

Sec. 13. Succession to office of Governor. —In case of the 
death, impeachment, or conviction of felony or infamous mis¬ 
demeanor, failure to qualify, resignation, absence from the 
State, or other disability of the Governor, the powers, duties 
and emoluments of the office, for the residue of the term, or 
until the disability be removed, shall devolve upon the Lieu¬ 
tenant Governor. 

Sec. 14. Legislative duty. —The Lieutenant Governor shall 
be President of the Senate, and shall vote only when the Senate 
is equally divided. In case of the absence, impeachment, or dis¬ 
qualification from any cause of the Lieutenant Governor, or 
when he shall hold the office of Governor, then the President 
pro tempore of the Senate shall perform the duties of the Lieu¬ 
tenant Governor, until the vacancy is filled or the disability 
removed. 


CONSTITUTION OF COLORADO. 


11 


Sec. 15. Who shall act as Governor. —In case of the failure 
to qualify in his office, death, resignation, absence from the State, 
impeachment, conviction of felony, or infamous misdemeanor, 
or disqualification from any cause, of both the Governor and 
Lieutenant Governor, the duties of the Governor shall devolve 
on the President of the Senate pro tempore, until such disquali¬ 
fication of either the Governor or Lieutenant Governor be 
removed, or the vacancy be filled; and if the President of the 
Senate, for any of the above named causes, shall become incap¬ 
able of performing the duties of Governor, the same shall 
devolve upon the Speaker of the House. 

Section 16. Report of receipts and expenditures of public 
institutions. —An account shall be kept by the officers of the 
Executive Department and of all public institutions of the State, 
of all moneys received by them severally from all sources, and 
for every service performed, and of all moneys disbursed by 
them severally, and a semi-annual report thereof shall be made 
to the Governor under oath. 

Sec. 17. Reports _The officers of the Executive Depart¬ 

ment, and of all Public Institutions of the State, shall, at least 
twenty days preceeding each regular session of the General 
Assembly, make full and complete reports of their actions to 
the Governor, who shall transmit the same to the General 
Assembly. 

Sec. 18. The seal. —There shall be a seal of the State, 
which shall be kept by the Secretary of State, and shall be 
called the “Great Seal of the State of Colorado.” The seal of 
the Territory of Colorado as now used, shall be the seal of the 
State, until otherwise provided by law. 

Sec. 19. Salaries and fees. —The officers named in section 
one of this article shall receive for their services a salary to be 
established by law, which shall not be increased or diminished 
during their official terms. It shall be the duty of all such 
officers to collect in advance all fees prescribed by law for 
services rendered by them severally, and pay the same into 
the State Treasury. 

Seo. 20. State Librarian.— The Superintendent of Publio 
Instruction shall be ex officio State Librarian. 

Sec. 21. Ineligibility of Auditor and Treasurer. —Neither 
the State Treasurer nor State Auditor shall be eligible for 
re-election as his own immediate successor. 

ARTICLE V. 

Legislative Department. 


[Section 1 originally read: “The legislative power shall 
be vested in the General Assembly, which shall consist of a 
Senate and House of Representatives, both to be elected by 
the people."] 



12 


CONSTITUTION OF COLORADO. 


But In November, 1910, it was amended to read as fol¬ 
lows: 

Section 1. The legislative power of the State shall be 
vested in the General Assembly consisting of a Senate and 
House of Representatives, both to be elected by the people, 
but the people reserve to themselves the power to propose 
laws and amendments to the Constitution and to enact or re¬ 
ject the same at the polls independent of the General As¬ 
sembly, and also reserve power at their own option to ap¬ 
prove or reject at the polls any act, item, section or part of 
any act of the General Assembly. 

The first power hereby reserved by the people is the 
INITIATIVE, and at least eight per cent, of the legal voters 
shall be required to propose any measure by petition, and 
every such petition shall include the full text of the measure 
so proposed. Initiative petitions for State legislation and 
amendments to the Constitution, shall be addressed to and 
filed with the Secretary of State at least four months before 
the election at which they are to be voted upon. 

The second power hereby reserved is the REFEREN¬ 
DUM, and it may be ordered, except as to laws necessary for 
the immediate preservation of the public peace, health or 
safety, and appropriations for the support and maintenance 
of the department of state and state institutions, against any 
act, section or part of any act of the General Assembly, either 
by a petition signed by five per cent, of the legal voters or by 
the General Assembly. Referendum petitions shall be ad¬ 
dressed to and filed with the Secretary of State not more than 
ninety days after the final adjournment of the session of the 
General Assembly, that passed the bill on which the referen¬ 
dum is demanded. The filing of a referendum petition against 
any item, section or part of any act, shall not delay the re¬ 
mainder of the act from becoming operative. The veto pow¬ 
er of the Governor shall not extend to measures initiated by, 
or referred to the people. All elections on measures referred 
to the people of the State shall be held at the biennial regular 
election, and all such measures shall become the law or part 
of the Constitution, when approved by a majority of the votes 
cast thereon, and not otherwise, and shall take effect from 
and after the date of the official declaration of the vote there¬ 
on by proclamation of the Governor, but not later than thirty 
days after the vote has been canvassed. This section shall 
not be construed to deprive the General Assembly of the 
right to enact any measure. The whole number of votes cast 
for Secretary of State at the regular general election last 
preceding the filing of any petition for the initiative or refer¬ 
endum shall be the basis on which the number of legal voters 
necessary to sign such petition shall be counted. 

The Secretary of State shall submit all measures initiated 
by or referred to the people for adoption or rejection at the 
polls, in compliance herewith. The petition shall consist of 


CONSTITUTION OF COLORADO. 


13 


sheets having such general form printed or written at the top 
thereof as shall be designated or prescribed by the Secretary 
of State; such petition shall be signed by qualified electors in 
their own proper persons only, to wnich shall be attached the 
residence address of such person and the date of signing the 
same. To each of such petitions, which may consist of one 
or more sheets, shall be attached an affidavit of some quali¬ 
fied elector, that each signature thereon is the signature of 
the person whose name it purports to be, and that to the best 
of the knowledge and belief of the affiant, each of the persons 
signing said petition was at the time of signing a qualified 
elector. Such petition so verified shall be prima facie evi¬ 
dence that the signatures thereon are genuine and true and 
that the persons signing the same are qualified electors. The 
text of all measures to be submitted shall be published as con¬ 
stitutional amendments are published, and in submitting the 
same and in all matters pertaining to the form of all petitions 
the Secretary of State and all other officers shall be guided 
by the general laws, and the act submitting this amendment, 
until legislation shall be especially provided therefor. 

The style of all laws adopted by the people through the 
Initiative shall be, “Be it Enacted by the People of the State 
of Colorado.” 

The initiative and referendum powers reserved to the 
people by this section are hereby further reserved to the legal 
voters of every city, town and municipality as to all local, 
special and municipal legislation of every character in and 
for their respective municipalities. The manner of exercis¬ 
ing said powers shall be prescribed by general laws, except 
that cities, towns and municipalities may provide for the man¬ 
ner of exercising the initiative and referendum powers as to 
their municipal legislation. Not more than ten per cent, of 
the legal voters may be required to order the referendum, nor 
more than fifteen per cent, to propose any measure by the in¬ 
itiative in any city, town or municipality. 

This section of the Constitution shall be in all respects 
self- executing. 

Sec. 2. First elections—Vacancies. —An election for mem¬ 
bers of the General Assembly shall be held on the first Tuesday 
in October, in the years of our Lord 1876 and 1878, and in each 
alternate year thereafter, on such day, at such places in each 
county as now are or hereafter may be provided by law. The 
first election for members of the General Assembly under the 
State organization, shall be conducted in the manner prescribed 
by the laws of Colorado Territory, regulating elections for 
members of the Legislative Assembly thereof. When vacancies 
occur in either House, the Governor, or person exercising the 
powers of Governor, shall issue writ of election to fill such 
vacancies. 

Sec. 3. Terms of members.—Senators shall be elected for 


14 


CONSTITUTION OF COLORADO. 


the term of four years, except as hereinafter provided, and 
Representatives for the term of two years. 

Sec. 4. Eligibility. —No person shall be a Representative or 
Senator who shall not have attained the age of twenty-five 
years, who shall not be a citizen of the United States, who 
shall not for at least twelve months next preceeding his elect¬ 
ion have resided within the territory included in the limits of 
the county or district in which he shall be chosen; Provided, 
That any person who, at the time of the adoption of this Con¬ 
stitution, was qualified elector under the Territorial laws, shall 
be eligible to the first General Assembly. 

Sec. 5. Classification of senators. —The Senators, at their 
first session, shall be divided into two classes. Those elected 
in districts designated by even numbers shall constitute one 
class; those elected in districts designated by odd numbers shall 
constitute the other class, except that Senators elected in each 
of the districts having more than one Senator shall be equally 
divided between the two classes. The Senators of one class 
shall hold for two years; those of the other class shall hold 
for four years, to be decided by lot between the two classes, 
so that one-half of the Senators, as near as practicable, may 
be biennially chosen forever thereafter. 


[Section 6 originally read: "Each member of the First General 
Assembly, as a compensation for his services, shall receive four 
dollars for each day’s attendance, and fifteen cents for each 
mile necessarily traveled in going to and returning from the 
seat of government; and shall receive no other compensation, 
perquisite or allowance whatever. No session of the General 
Assembly, after the first, shall exceed forty days. After the 
first session, the compensation of the members of the General 
Assembly, shall be as provided by law; Provided, That no Gen¬ 
eral Assembly shall fix its own compensation.”] 


But November, 1910, It was amended to read as follows: 

Sec. 6. Compensation of members —Each member of the 
General Assembly, until otherwise provided by law, shall re¬ 
ceive as compensation for his services the sum of one thou¬ 
sand ($1000) dollars for each biennial period, payable at the 
rate of $7.00 per day during both the regular and special ses¬ 
sions, the remainder, if any, payable on the first day of the 
last month of each biennial period; together with all actual 
and necessary traveling expenses to be paid after the same 
have been incurred and audited, and the said members of the 
General Assembly shall receive no other compensation, per¬ 
quisite or allowance whatever. No General Assembly shall 
fix its own compensation. 

Sec. 7. Time of meeting, beginning of term of office has 

been changed by statute to first Wednesday in December_ 

The General Assembly shall meet at 12 o’clock, noon, on the 
first Wednesday in November, A. D. 1876; and at 12 o’clock, 
noon, on the first Wednesday in January, A« D. 1879, and at 12 




CONSTITUTION OF COLORADO. 


15 


o’clock, noon, on the first Wednesday in January, of each alter¬ 
nate year forever thereafter, and at other times when convened 
by the Governor. The term of service of the members thereof 
shall begin on the first Wednesday of November next after 
their election, until otherwise provided by law. 

Sec. 8. Who disqualified. —No Senator or Representative 

shall, during the time for which he shall have been elected, be 
appointed to any civil office under this State; and no member 
of Congress, or other person holding any office (except of 
attorney-at-law, notary public, or in the militia) under the 
United States or this State, shall be a member of either House 
during his continuance in office. 

Sec. 9. Increase of salary forbidden. —No member of either 
House shall, during the term for which he may have been 
elected, receive any increase of salary or mileage, under any 
law passed during such term. 

Sec. 10. President pro tem of the senate, speaker of the 
house. —The Senate shall, at the beginning and close of each 
regular session, and at such other times as may be necessary, 
elect one of its members President pro tempore. The House of 
Representatives shall elect one of its members as Speaker. 
Each House shall choose its other officers, and shall judge of 
the election and qualification of its members. 

Sec. 11. A quorum. —A majority of each House shall con¬ 
stitute a quorum, but a smaller number may adjourn from day 
to day, and compel the attendance of absent members. 

Sec. 12. Who makes the rules. —Each House shall have 
power to determine the rules of its proceedings and punish its 
members or other persons for contempt or disorderly behavior 
in its presence; to enforce obedience to its process; to protect 
its members against violence, or offers of bribes, or private 
solicitation, and, with the concurrence of two-thirds, to expel 
a member, but not a second time for the same cause, and shall 
have all other powers necessary for the Legislature of a free 
State. A member expelled for corruption shall not thereafter be 
eligible to either House of the same General Assembly, and 
punishment for contempt or disorderly behavior shall not bar 
an indictment for the same offense. 

Sec. 13. The journal —Each House shall keep a journal of 
its proceedings, and may, in its discretion, from time to time, 
publish the same, except such parts as require secrecy, and the 
ayes and noes on any question shall, at the desire of any two 
of the committees of the whole, shall be open, unless when the 
business is such as ought to be kept secret. 

Sec. 14. Open sessions. —The sessions of each House, and 
members, be entered on the journal. 

Sec. 15. Adjournment for more than three days. —Neither 
House shall, without the consent of the other, adjourn for more 


16 


CONSTITUTION OF COLORADO. 


than three days, nor to any other place than that in which the 
two Houses shall be sitting. 

Sec. 16. Special immunities. —The members of the General 
Assembly shall in all cases except treason, felony, violation of 
their oath of office, and breach or surety of the peace, be privi¬ 
leged from arrest during their attendance at the sessions of 
their respective Houses, and in going to and returning from the 
same; and for any speech or debate in either House they shall 
not be questioned in any other place. 

Sec. 17. Method of legislating. —No law shall be passed 
except by bill, and no bills shall be so altered or amended on 
its passage through either House as to change its original 
purpose. 

Sec. 18. The enacting clause. —The style of the laws of this 
State shall be: “Be it enacted by the General Assembly of the 
State of Colorado.” 


[Section 19 originally read: “No act of the General Assem¬ 
bly shall take effect until ninety days after its passage, unless 
in case of emergency, (which shall be expressed in the pre¬ 
amble or body of the Act), the General Assembly shall, by a 
vote 1 of two-thirds of all the members elected to each House, 
otherwise direct. No bill except the general appropriation for 
the expenses of the government only introduced in either House 
of the General Assembly after the first twenty-five days of the 
session shall become a law.”] 


But November 4, 1884, it was amended to read as follows: 

Sec. 19. When act takes effect—Bills must be introduced 
during first thirty days—Exception. —No act of the General 

Assembly shall take effect until ninety days after its passage 
(except in cases of emergency, which shall be expressed in the 
act), unless the General Assembly shall, by a vote of two-thirds 
of all the members elected to each House, otherwise direct. No 
bill, except the general appropriation bill for the expenses of 
the government only, introduced in either House of the General 
Assembly after the first thirty days of the session, shall become 
a law. 

Sec. 20. All bills must be referred to a committee. —No bill 
shall be considered or become a law unless referred to a com¬ 
mittee, returned therefrom, and printed for the use of the 
members. 

Sec. 21- A bill may contain one subject only—Exception.— 
No bill .except general appropriation bills, shall be passed con¬ 
taining more than one subject, which shall be clearly expressed 
in its title; but if any subject shall be embraced in any act 
which shall not be expressed in the title, such act shall be void 
only as to so much thereof as shall not be so expressed. 


[Section 22 originally read: “Every bill shall be read at 
length, on three different days in each House; all substantial 
amendments made thereof shall be printed for the use of the 





CONSTITUTION OF COLORADO. 


17 


members, before the final vote is taken on the bill; and no bill 
shall become a law, except by vote of a majority of all the 
members elected to each Home, nor unless on its final passage 
the vote be taken by ayes and noes, and the names of those 
voting be entered on the journal.”] 


But November 4, 1884, this section was amended to read 
as follows: 

Sec. 22. Readings, amendments and passage of bills.— 

Every bill shall be read by title when introduced, and at length 
on two different days in each House; all substantial amend¬ 
ments made thereto, shall be printed for the use of the mem¬ 
bers before the final vote is taken on the bill; and no bill 
shall become a law except by vote of a majority of all the mem¬ 
bers elected to each House, nor unless on its final passage, the 
vote be taken by ayes and noes, and the names of those voting 
be entered on the journal. 

Sec. 23. Vote on amendment. —No amendment to any bill 
by one House shall be concurred in by the other, nor shall the 
report of any Committee of Conference be adopted in either 
House except by a vote of a majority of the members elected 
thereto, taken by ayes and noes, and the names of those voting 
recorded upon the journal thereof. 

Sec. 24. Method of reviving, amending and extending 
laws. —No law shall be revived, or amended, or the provisions 
thereof extended or conferred by reference to its title only, but 
so much thereof as is revived, amended, extended, or conferred, 
shall be re-enacted and published at length. 

Sec. 25. Special legislation that is prohibited. —The Gen¬ 
eral Assembly shall not pass local or special laws in any of 
the following enumerated cases, that is to say; For grafting 
divorces; laying out, opening, altering or working roads or 
highways; vacating roads, town plats, streets, alleys and public 
grounds; locating or changing county seats; regulating county 
or township affairs; regulating the practice in courts of Justice; 
regulating the jurisdiction and duties of justices of the peace, 
police magistrates and constables; changing the rules of evi¬ 
dence in any trial or inquiry; providing for changes of venue 
In civil or criminal cases; declaring any person of age; for limi¬ 
tation of civil actions or giving effect to informal or invalid 
deeds; summoning or impaneling grand or petit juries; provid¬ 
ing for the management of common schools; regulating the 
rate of interest on money; the opening or conducting of anv 
election, or designating the place of voting; the sale of mort¬ 
gage of real estate belonging to minors or others under disab¬ 
ility; the protection of game or fish; chartering or licensing 
ferries or toll bridges; remitting fines, penalties or forfeitures; 
creating, increasing or decreasing fees, percentage or allow¬ 
ances of public officers; changing the law of descent; grant¬ 
ing to any corporation, association or individual the right to lay 
down railroad tracks; granting to any corporation, association 



18 


CONSTITUTION OF COLORADO. 


or Individual any special or exclusive privilege, immunity or 
franchise whatever. In all other cases, where a general law 
can be made applicable, no special law shall be enacted. 

Section 25a was added to the Constitution Nov. 4, 1902. 

Sec. 25a. Eight hour employment. —The General Assembly 
shall provide by law, and shall prescribe suitable penalties for 
the violation thereof, for a period of employment not to exceed 
eight (8) hours within any twenty-four (24) hours (except in 
cases of emergency where life or property is in imminent 
danger), for persons employed in underground mines or other 
underground workings, blast furnaces, smelters; and any ore 
reduction works or other branch of industry or labor that the 
General Assembly may consider injurious or dangerous to 
health, life or limb. 

Sec. 26. Presiding officers must sign bills.— The presiding 
officer of each House shall, in the presence of the House over 
which he presides, sign all bills and joint resolutions passed 
by the General Assembly, after their titles shall have been pub¬ 
licly read, immediately before signing; and the fact of the sign¬ 
ing shall be entered on the journal. 

Sec. 27. Employees. —The General Assembly shall prescribe 
by law the number, duties and compensation of the officers 
and employes of each House; and no payment shall be made 
from the State Treasury, or be in any way authorized to any 
person, except to an acting officer or employe elected or 
appointed in pursuance of law. 

Sec. 28. Extra compensation. —No bill shall be passed giv¬ 
ing any extra compensation to any public officer, servant or 
employe, agent or contractor, after services shall have been 
rendered or contract made, nor providing for the payment of 
any claim made against the State without previous authority 
of law. 

Sec. 29. Contracts. —All stationery, printing, paper and fuel 
used in the legislative and other departments of government shall 
be furnished; and the printing and binding and distributing 
of the laws, journals, department reports, and other printing 
and binding; and the repairing and furnishing the halls and 
rooms used for the meeting of the General Assembly and its 
committees, shall be performed under contract, to be given to 
the lowest responsible bidder, below such maximum price and 
under such regulations as may be prescribed by law. No mem¬ 
ber or officer of any department of the government shall be 
in any way interested in any such contract; and all such con¬ 
tracts shall be subject to the approval of the Governor and 
State Treasurer. 


£ S . ect f2? iL° o riemally read: “Except a s otherwise pro¬ 
vided in this Constitution, no law shall extend the term of anv 
public officer, or increase or diminish his salary or emoluments 



CONSTITUTION OF COLORADO. 


19 


after his election or appointment; Provided, This shall not be 
construed to forbid the General Assembly to fix the salary or 
emoluments of those first elected or appointed under this Con¬ 
stitution.”] 


But November 7, 1882, section 30 was amended to read as 
follows: 

Sec. 30. —Except as otherwise provided in this Constitution, 
no law shall extend the term of any public officer, or increase 
or diminish his salary or emoluments after his election or 
appointment; Provided, That on and after the first day of 
March, A. D. 1881, the salaries of the following designated pub¬ 
lic officers, including those thereof who may then be incum¬ 
bents of such offices, shall be as herein provided, viz: The Gov¬ 
ernor shall receive an annual salary of five thousand dollars, 
and the further sum of fifteen hundred dollars for the payment 
of a private secretary. The judges of the Supreme Court shall 
each receive an annual salary of five thousand dollars. The 
judges of the district courts shall each receive an annual salary 
of four thousand dollars. 

Sec. 31. Legislative initiative. —All bills for raising rev¬ 
enue shall originate in the House of Representatives; but the 
Senate may propose amendments, as in case of other bills. 

Sec. 32. Appropriation bills. —The General Appropriation 
Bill shall embrace nothing but appropriations for the ordinary 
expenses of the executive, legislative and judicial departments 
of the State, interest on the public debt, and for public schools. 
All other appropriations shall be made by separate bills, each 
embracing but one subject. 

Sec. 33. How money is paid out of treasury.—No money 
shall be paid out of the treasury except upon appropriations 
made by law, and on warrant drawn by the proper officer in 
pursuance thereof. 

Sec. 34. Limit on appropriations for charity, education, 

etc. —No appropriation shall be made for charitable, industrial, 
educational or benevolent purposes, to any person, corporation, 
or community not under the absolute control of the State, nor 
to any denominational or sectarian institution or association. 

Sec. 35. Cases in which legislative power may not be dele¬ 
gated. —The General Assembly shall not delegate to any special 
commission, private corporation, or association, any power to 
make, supervise or interfere with any municipal improvement, 
money, property or effects, whether held in trust or otherwise, 
or to levy taxes, or perform any municipal function whatever. 

Sec. 36. Trust funds. —No act of the General Assembly 
shall authorize the investment of trust funds by executors, 
administrators, guardians, or other trustees, in the bonds or 
stock of any private corporation. 

Sec. 37. Change of venue. —The power to change the venue 



20 


CONSTITUTION OF COLORADO. 


in civil and criminal cases shall be vested in the courts, to be 
exercised in such a manner as shall be prescribed by law. 

Sec. 38. Release, transfer or any impairment of liability 

or corporation, held or owned by the State, or any municipal 
corporation therein, shall ever be exchanged, transferred, 
forbidden. —No obligation or liability of any person, association 
remitted, released, or postponed, or in any way diminished, by 
the General Assembly, nor shall such liability or obligation be 
extinguished except by payment thereof into the proper 
Treasury. 

Sec. 39. Governor’s legislative power. —Every order, reso¬ 
lution or vote to which the concurrence of both Houses may be 
necessary, except on the question of adjournment, or relating 
solely to the transaction of business of the two Houses, shall 
be presented to the Governor, and before it shall take effect, 
be approved by him, or being disapproved, shall be re-passed 
by two-thirds of both Houses, according to the rules and limi¬ 
tations prescribed in case of a bill. 

Sec. 40. Bribery and punishment. —If any person elected 
to either House of the General Assembly shall offer or promise 
to give his vote or influence in favor of or against any measure 
or proposition pending or proposed to be introduced in the Gen¬ 
eral Assembly, in consideration or upon condition that any 
other person elected to the same General Assembly will give, 
or will promise, or assent to give his vote or influence in favor 
of or against any other measure or proposition, pending or pro¬ 
posed to be introduced in such General Assmbly, the person 
making such offer or promise, shall be deemed guilty of solici¬ 
tation of bribery. If any member of the General Assembly shall 
give his vote or influence for or against any measure or propo¬ 
sition pending in such General Assembly, or offer, promise or 
assent so to do, upon condition that any other member will give 
or will promise or assent to give his vote or influence in favor 
of or against any other measure or proposition pending or pro¬ 
posed to be introduced in such General Assembly or in consid¬ 
eration that any other member hath given his vote or influence 
for or against any other measure or proposition in such General 
Assembly, he shall be deemed guilty of bribery, and any mem¬ 
ber of the General Assembly, or person elected thereto, who 
shall be guilty of either of such offenses shall be expelled, and 
shall not be thereafter eligible to the same General Assembly; 
and, on conviction thereof in the civil courts, shall be liable to 
such further penalties as may be prescribed by law. 

Sec. 41. Bribery. —Any person who shall directly or indi¬ 
rectly offer, give or promise any money or thing of value, testi¬ 
monial, privilege, or personal advantage to any executive or 
judicial officer or member of the General Assembly, to influ¬ 
ence him in the performance of any of his public or official 
duties, shall be deemed guilty of bribery, and be punished in 
such manner as shall be provided by law. 


CONSTITUTION OF COLORADO. 


21 


See. 42. Corrupt solicitation. —The offense of corrupt solici¬ 
tation of meembers of the General Assembly, or of public 
officers of the State, or of any municipal division thereof, and 
any occupation or practice of solicitation of such members or 
officers to influence their official action, shall be defined by 
law, and shall be punished by fine and imprisonment. 

Sec. 43. Personal or private interest of members. —A mem¬ 
ber who has a personal or private interest in any measure or 
bill proposed or pending before the General Assembly, shall 
disclose the fact to the House of which he is a member, and 
shall not vote thereon. 

Congressional and Legislative Apportionments. 

Since 1893 Colorado has had population enough to entitle 
her to more than one representative. Section 44 is superseded 
by statute. 

Sec. 44. One Representative in the Congress of the United 
States shall be elected from the State at large, at the first 
election under this Constitution, and thereafter at such times 
and places, and in such manner as may be prescribed by law. 
When a new apportionment shall be made by Congress, the 
General Assembly shall divide the State into Congressional 
districts accordingly. 

Sec. 45. State enumeration. —The General Assembly shall 
provide by law for an enumeration of the inhabitants of the 
State in the year of our Lord one thousand, eight hundred and 
eighty-five, and every tenth year thereafter; and at the session 
next following such enumeration, and also at the session next 
following an enumeration made by the authority of the United 
States, shall revise and adjust the apportionment for Senator.® 
and Representatives, on the basis of such enumeration, accord¬ 
ing to ratios to be fixed by law. 

Sec. 46. Size of Senate and House. —The Senate shall con¬ 
sist of twenty-six, and the House of Representatives of forty- 
nine members, whicn number shall not be increased until the 
year of our Lord one thousand eight hundred and ninety, after 
which time the General Assembly may increase the number 
of Senators and Represenatives, preserving as near as may be 
the present proportion as to the number in each House; Pro¬ 
vided, That the aggregate number of Senators and Represen¬ 
tatives shall never exceed one hundred. 

By Statute there are now thirty-five Senators and sixty- 
five Representatives. 

Sec. 47. Districts.—Senatorial and Representative districts 
may be altered from time to time, as public convenience may 
require. When a Senatorial or Representative district shall 
be composed of two or more counties, they shall be contiguous, 
and the district as compact as may be. No county shall be 


22 


CONSTITUTION OP COLORADO. 


divided in the formation of a Senatorial or Representative 
district. 

Sections 48 and 49 have been superseded by Statute. 

Sec. 48. Until the State shall be divided into Senatorial 
districts, in accordance with the provisions of this article, said 
districts shall be constituted and numbered as follows: 

The county of Weld shall constitute the first district, and 
be entitled to one Senator. 

The county of Larimer shall constitute the second district, 
and be entitled to one Senator. 

The county of Boulder shall constitute the third district, 
and be entitled to two Senators. 

The county of Gilpin shall constitute the fourth district, 
and be entitled to one Senator. 

The counties of Gilpin, Summit and Grand shall constitute 
the fifth district, and be entitled to one Senator. 

The county of Clear Creek shall constitute the sixth dis¬ 
trict, and be entitled to two Senators. 

The county of Jefferson shall constitute the seventh dis¬ 
trict, and be entitled to one Senator. 

The county of Arapahoe shall constitute the eighth district, 
and be entitled to four Senators. 

The counties of Elbert and Bent shall constitute the ninth 
district, and be entitled to one Senator. 

The county of El Paso shall constitute the tenth district, 
and be entitled to one Senator. 

The county of Douglas shall constitute the eleventh dis¬ 
trict, and be entitled to one Senator. 

The county of Park shall constitute the twelfth district, 
and be entitled to one Senator. 

The counties of Lake and Saguache shall constitute the 
thirteenth district, and be entitled to one Senator. 

Tho county of Fremont shall constitute the fourteenth dis¬ 
trict, and be entitled to one Senator. 

The county of Pueblo shall constitute the fifteenth district, 
and be entitled to one Senator. 

The county of Huerfano shall constitute the sixteenth dis¬ 
trict, and be entitled to one Senator. 

The county of Las Animas shall constitute the seventeenth 
district, and be entitled to two Senators. 

The county of Costilla shall constitute the eighteenth dis¬ 
trict, and be entitled to one Senator. 

The county of Conejos shall constitute the nineteenth dis¬ 
trict, and be entitled to one Senator. 

The counties of Rio Grande, Hinsdale, La Plata and San 
Juan shall constitute the twentieth district, and be entitled to 
one Senator. 

Sec. 49. Until an apportionment of Representatives be 
made In accordance with the provisions of this article, they 


CONSTITUTION OF COLORADO. 


23 


shall be divided among the several counties of the State in the 
following manner: The county of Arapahoe shall have seven; 
the counties of Boulder and Clear Creek, each, four; the coun¬ 
ties of Gilpin and Las Animas, each, three; the counties of El 
Paso, Fremont, Huerfano, Jefferson, Pueblo and Weld, each, 
two; the counties of Bent, Costilla, Conejos, Douglas, Elbert, 
Grand, Hinsdale, Larimer, La Plata, Lake, Park, Rio Grande, 
Summit, Saguache and San Juan, each one; and the counties of 
Costilla and Conejos, jointly, one. 


ARTICLE VI. 
Judicial Department. 


[Section 1 originally read: “The judicial power of the 
State, as to matters of law and equity, except as in the Con¬ 
stitution otherwise provided, shall be vested in a Supreme 
Court, District Courts, County Courts, Justices of the Peace, and 
such other Courts as may be created by law for cities and in¬ 
corporated towns.”] 


But November, 1912, Section 1 was changed to read as 
follows: 

Section 1. The judicial power of the State as to all mat¬ 
ters of law and equity, except as in the Constitution otherwise 
provided, shall be vested in a Supreme Court, District Courts, 
County Courts, and such other courts as may be provided by 
law. In counties and cities and counties, having a population 
exceeding one hundred thousand, exclusive original jurisdic¬ 
tion in cases involving minors and persons whose offenses 
concern minors may be vested in a separate court now or 
hereafter established by law. None of said courts except the 
Supreme Court shall have any power to declare or adjudicate 
any law of this state or any city charter or amendment there¬ 
to adopted by the people in cities acting under Article XX 
hereof as in violation of the Constitution of this State or of 
the United States; provided that before such decision shall 
be binding it shall be subject to approval or disapproval by 
the people, as follows: Such decision shall be filed in the 
office of the Clerk of the Supreme Court within ten days af¬ 
ter it is finally made. If it concerns a state law it shall not 
be binding until sixty days after such date. Within said sixty 
days a referendum petition, signed by not less than five per 
cent, of the qualified electors, addressed to and filed with the 
Secretary of State, may request that such law be submitted 
to the people of this State for adoption or rejection at an elec¬ 
tion to be held in compliance herewith. The Secretary of 
State shall cause to be published the text of such law or part 
thereof, as constitutional amendments are published, as near 
as may be, and he shall submit the same to the people at the 
first general election held not less than ninety days after 




24 


CONSTITUTION OF COLORADO. 


such petition shall have been filed; provided that provision 
may be made by law for also submitting such laws or parts 
thereof at a special election. All such laws or parts thereof 
submitted as herein provided when approved by a majority 
of the votes cast thereon at such election shall be and become 
the law of this state notwithstanding the decision of the Su¬ 
preme Court, to take effect from and after the date of the 
declaration of the vote thereon by proclamation of the Gov¬ 
ernor, not less than thirty days after the vote has been can¬ 
vassed. 

If such decision concerns a charter or an amendment 
thereto of a city or city and county acting under Article XX 
of this Constitution, it shall not be binding until sixty days 
after it has been filed in the office of the clerk of said 
court. Within said sixty days a referendum petition, signed 
by not less than five per cent, of the qualified electors of such 
city or city and county, addressed to and filed with the legis¬ 
lative body of said city or city and county, may request that 
such charter or amendment thereto be submitted to the people 
of such city or city and county for their adoption or rejection. 
It shall be the duty of said legislative body to publish the text 
of such charter or amendment thereto as initiative ordinances 
are published as near as may be and submit such charter or 
amendment thereto to the people of such city or city and 
county, at an election to be called by said legislatve body not 
less than sixty days after the filing of said petition, unless 
there should be under the charter of said city or city and 
county a regular election to be held for the election of officers 
of said city or city and county within said sixty days, in which 
event such charter or amendment thereto may be submitted 
to the vote of the people at such regular election. All such 
charters, or amendments thereto, so submitted as herein pro¬ 
vided, when approved by a majority of the votes cast thereon 
in said city or city and county, shall be and become the law 
of this state and of said city or city and county notwithstand¬ 
ing the decision of the Supreme Court, to take effect from and 
after the date of the declaration of the vote thereon by proc¬ 
lamation of said legislative body not less than thirty days af¬ 
ter the vote has been canvassed. The whole number of 
votes cast for Governor at the regular general election last 
preceding the filing of any petition to submit a state law un¬ 
der the provisions hereof, and, if a charter or amendment 
thereto, the whole number of votes cast for that officer re¬ 
ceiving the highest vote cast at the last preceding general 
election for officers of such city or city and county requesting 
such submission shall be the basis on which the number of 
qualified electors necessary to sign such petition shall be 
counted. 

Any petition herein provided for may be circulated and 
signed in sections, provided each section shall contain a full 
and accurate copy of the title and text of the law, or charter, 
or amendment thereto, which it is proposed to submit. The 


CONSTITUTION OF COLORADO. 


25 


signatures to such petition need not all be on one sheet of 
paper, but each signer must add to his signature the date of 
his signing said petition, and his place of residence giving his 
street number, if any, should he reside in a town or city. 
The person circulating such sheet must make and subscribe 
an oath on said sheet that the signatures thereon are genuine, 
and a false oath, wilfully so made and subscribed by such 
person, shall be perjury and be punished as such. All pe¬ 
titions shall be deemed and held to be sufficient if they ap¬ 
pear to be signed by the requisite number of signers, and 
such signers shall be deemed and held to be qualified electors 
unless a protest in writing, under oath, shall be filed in the 
office in which such petition has been filed, by some qualified 
elector, within fifteen days after such petition is filed, set¬ 
ting forth specifically the ground of such protest, whereupon 
the officer with whom such petition is filed shall forthwith 
forward a copy of such protest to the person or persons 
named in such petition as representing the signers thereof, 
together with a notice fixing a time for hearing such protest 
not less than five nor more than ten days after such notice is 
made. All hearings shall be before the officer with whom 
such protest is filed, and all testimony shall be under oath. 
Such hearings shall be summary and not subject to delay, and 
must be concluded within thirty days after such petition is 
filed, and the result thereof shall be forthwith certified to the 
person or persons representing the signers of such petition. 
In case the petition is not sufficient it may be withdrawn by 
the person or a majority of the persons representing the sign¬ 
ers of such petition, and may, within fifteen days thereafter, 
be amended and refiled as an original petition. The findings 
as to the sufficiency of any petition may be reviewed by any 
state court of general jurisdiction in the county in which such 
petition is filed, upon application of the person, or a majority 
of the persons, representing the signers of such petition, but 
such review shall be had and determined forthwith. 

When any petition contains a form of submission of a 
law, charter, or amendment thereto, petitioned to be referred, 
when such form is a reasonably fair description thereof, the 
same shall be placed on the ballot, and no petition filed sub¬ 
sequent thereto shall be permitted to use any form of submis¬ 
sion that is so similar to the one previously filed as to tend 
to confuse the voter, and in case of conflict the person or a 
majority of persons representing the subsequent petition may 
file a form of submission, provided the same shall be fairly 
descriptive of the law, city charter, or amendment thereto, 
petitioned to be submitted and not in conflict with any prior 
forms of submission nor tend to confuse the voter. Legisla¬ 
tion may be enacted to facilitate the operaton of this article, 
but in no way limiting or restricting the provisions hereof, or 
the powers herein reserved. 

In submitting such laws the Secretary of State and all 


26 


CONSTITUTION OF COLORADO. 


other officers shall be guided by the general laws so far as 
applicable, and the vote thereon as to state laws shall be 
canvassed and the result determined in the manner prescribed 
by law for the canvass of votes for representatives in Con¬ 
gress. In submitting a city charter, or amendment thereto, 
the vote thereon shall be canvassed and the result determined 
in the manner prescribed by the charter or law governing 
any such city or city and county for the canvass of votes for 
officers elected in such city or city and county. 

Supreme Court. 

Sec. 2. Appellate jurisdiction. —The Supreme Court, except 
as otherwise provided in this Constitution, shall have appellate 
jurisdiction only, which shall be co-extensive with the State, 
and shall have a general superintending control over all infer¬ 
ior courts, under such regulations and limitations as may be 
prescribed by law. 

[Section 3 originally read: “It shall have power to issue 
writs of habeas corpus, mandamus, quo warranto, certiorari, 
injunction and other original and remedial writs, with author¬ 
ity to hear and determine the same.’’] 


But November 2, 1886, Section 3 was changed to read as 
follows: 

Sec. 3. Original jurisdiction.— It shall have power to issue 
writs of habeas corpus, mandamus, quo warranto, certiorari, 
injunction, and other original and remedial writs with author¬ 
ity to hear and determine the same; and each judge of the 
Supreme Court shall have like power and authority as to writs 
of habeas corpus. The Supreme Court shall give its opinion upon 
important questions upon solemn occasions when required by 
the Governor, the Senate, or the House of Representatives; and 
all such opinions shall be published in connection with the 
reported decisions of said court. 

Sec. 4. Terms. —At least two terms of the Supreme Court 
shall be held each year, at the seat of government. 


[Section 6 originally read: “The Supreme Court shall con¬ 
sist of three Judges, a majority of whom shall be necessary to 
form a quorum or pronounce a decision.”] 


But Section 5 was amended November, 1888, to read as fol¬ 
lows: 

Sec. 5. Personnel of court—Departments. —The Supreme 
Court shall consist of seven judges, who may sit en banc or in 
two or more departments as the court may, from time to time, 
determine. In case said court shall sit in departments each of 
said departments shall have the full power and authority of 
said court in the determination of causes, the issuing of writs 
and the exercise of all powers authorized by this constitution, 
or provided by law, subject to the general control of the court 





CONSTITUTION OF COLORADO. 


27 


sitting en banc, and such rules and regulations as the court 
may make, but no decision of any department shall become 
the judgment of the court unless concurred in by at least three 
judges, and no case involving a construction of the constitution 
of this State or of the United States, shall be decided except by 
the court en banc. 


(Section 6 originally read: “The Judges of the Supreme 
Court shall be elected by the electors of the State, at large, as 
hereinafter provided.’’) 


But was amended November 8, 1904, to read as follows: 

Sec. 6. Election of judges —The Judges of the Supreme 
Court, except as herein provided, shall be elected by the electors 
of the State at large. 

[Section 7 originally read: “The term of office of the 
Judges of the Supreme Court, except as in this article otherwise 
provided, shall be nine years.”] 


But was amended November 8, 1904, to read as follows: 
8ec. 7. Term of office. —The term of office of the Judges 
of the Supreme Court, hereafter elected, except as in this arti¬ 
cle otherwise provided, shall be ten years. 


[Section 8 originally read: “The Judges of the Supreme 
Court shall, imediately after the first election under this Con¬ 
stitution, be classified by lot, so that one shall hold his office 
for the term of three years, one for the term of six years, ana 
one for the term of nine years. The lot shall be drawn by the 
Judges, who shall for that purpose assemble at the seat of gov¬ 
ernment; and they shall cause the result thereof to be certi¬ 
fied to the Secretary of the Territory, and filed in his office. 
The Judge having the shortest term to serve, not holding his 
office by appointment or election to fill a vacancy, shall be the 
Chief Justice, and shall preside at all terms of the Supreme 
Court, and in case of his absence, the Judge having in like 
manner the next shortest term to serve shall preside in his 
■te&d.] - 

But November 8, 1904, was amended to read as follows: 

Sec. 8. Appointment and election of judges.—No suc¬ 
cessor of the judges of the Court of Appeals whose term expires 
in April, 1905, shall be appointed. 

On the first Wednesday in April, 1905, the Court of Appeals 
shall cease to exist, and the Judges of said Court whose regular 
terms shall not then have expired shall become Judges of the 
Supreme Court. All causes pending before the Court of Appeals 
shall then stand transferred to, and be pending in the Supreme 
Court, and no bond or obligation given in any of said causes 
shall be affected by said transfer. 

The term of office of that Judge of the Supreme Court 
whose term expires on the second Tuesday in January, 1907, 
shall so expire; the term of office of that Judge transferred 







28 


CONSTITUTION OF COLORADO. 


from the Court of Appeals, whose term shall expire in April, 
1907, shall expire on the second Tuesday in January, 1907; and 
the term of office of that Judge of the Supreme Court whose 
term expires in January, 1910, is hereby extended to the second 
Tuesday in January, 1911; and the term of office of that Judge 
or the Judges transferred from the Court of Appeals, whose 
term would expire in April, 1909, shall expire on the second 
Tuesday in January, 1909; and the term of office of the Judgs 
of the Supreme Court whose term expires on the second Tues¬ 
day in January, 1913, shall so expire. 

At the general election in the year 1906 and every tenth 
year thereafter, there shall be elected two Judges of the 
Supreme Court. 

At the general election in the year 1908, there shall be 
elected three judges of the Supreme Court, one for the term 
of six years, and two for the term of ten years. 

At the general election in the year 1910, and every tenth 
year thereafter, there shall be elected one Judge of the Supreme 
Court. 

At the general election in the year 1912 and every tenth 
year thereafter, there shall be elected one Judge of the Supreme 
Court. 

At the general election in the year 1914 and every tenth 
year thereafter, there shall be elected one Judge of the Supreme 
Court. 

At the general election in the year 1918 and every tenth 
year thereafter, there shall be elected two Judges of the Supreme 
Court. 

Provided, That if said Court of Appeals shall at the time 
of the going into effect of this amendment, by law consist of 
only three Judges, the Governor shall nominate and by and 
with the advice and consent of the Senate appoint two Judges 
of the Supreme Court whose term of office shall begin on the 
first Wednesday of April, 1905, and expire on the second Tues¬ 
day of January, 1909. 

Provided also, That nothing herein contained shall be con¬ 
strued to prevent the General Assembly from changing the time 
of electing Judges of the Supreme Court and from extending 
or abridging their terms of office as provided in Article VI, 
Section 15, of the Constitution of this State. 

The Judge having the shortest term to serve, not holding 
his office by appointment or election to fill vacancy, shall be 
the Chief Justice. 

Of the two judges whose terms of office expire upon the 
same day, the younger in years of the two Judges shall be the 
Chief Justice during the next to the last year of his term of 
office and the elder of the two Judges shall be the Chief Jus¬ 
tice during the last year of his term of office. 

The Chief Justice shall preside at all sessions of the Court 
en banc, and, in case of his absence, then the Judge present 


CONSTITUTION OF COLORADO. 


29 


who would next be entitled to become Chief Justice shall pre¬ 
side. 

Until otherwise provided by law, the Supreme Court shall 
have power to review the judgments and proceedings of infer¬ 
ior Courts, in such instances and in such manner as was pro¬ 
vided by law previous to the act establishing the Court of 
Appeals. 

Sec. 9. Clerk of Supreme Court. —There shall be a Clerk 
of the Supreme Court, who shall be appointed by the Judges 
thereof, and shall hold his office during the pleasure of said 
Judges, and whose duties and emoluments shall be as pre¬ 
scribed by law and by the rules of the Supreme Court. 

Sec. 10. Eligibility. —No person shall be eligible to the 
office of Judge of the Supreme Court unless he be learned in 
the law; be at least thirty years of age, and a citizen of the 
United States, nor unless he shall have resided in this State or 
Territory at least two years next preceding his election. 

District Courts. 

Sec. 11. Jurisdiction. —The District Courts shall have 
original jurisdiction of all causes both at law and in equity, and 
such appellate jurisdiction as may be conferred by law. They 
shall have original jurisdiction to determine all controversies 
upon relation of any person on behalf of the people, concern¬ 
ing the rights, duties and liabilities of railroad, telegraph, or 
toll-road companies or corporations. 


[Section 12 originally read: “The State shall be divided 
into judicial districts, in each of which there shall be elected by 
the electors thereof, one Judge of the District Conrt therein, 
whose term of office shall be six years. The Judges of the Dis¬ 
trict Courts may hold Courts for each other, and shall do so 
when required by law.”] 


But November 2, 1886, Section 12 was changed to read as 
follows: 

Sec. 12. Judicial districts and judges. —The State shall be 
divided Into judicial districts, in each of which there shall be 
elected by the electors thereof, one or more Judges of the Dist¬ 
rict Court therein, as may be provided by law, whose term of 
office shall be six years; the Judges of the District Courts may 
hold Courts for each other, and shall do so when required by 
law, and the General Assembly may, by law, provide for the 
selection or election of a suitable person to preside in the trial 
of causes in special cases. 

Section 13 has been superseded by Statute which divides 
the State into Thirteen Judicial Districts. 

Sec. 13. Until otherwise provided by law, said districts 
shall be four in number, and constituted as follows, viz: 

First District —The counties of Boulder, Jefferson, Gilpin, 
Clear Creek, Summit and Grand. 




30 


CONSTITUTION OF COLORADO. 


Second District —The counties of Arapahoe, Douglas, Elbert, 
Weld and Larimer. 

Third District —The counties of Park, El Paso, Fremont, 
Pueblo, Bent, Las Animas and Huerfano. 

Fourth District —The counties of Costilla, Conejos, Rio 
Grande, San Juan, La Platta, Hinsdale, Saguache and Lake. 


[Section 14 originally read: “The General Assembly may, 
after the year eighteen hundred and eighty, (whenever two- 
thirds of the members of each House shall concur therein), but 
not oftener than once in six years, increase the number of the 
Judicial Districts and the Judges thereof, such districts shall 
be formed of compact territory and bounded by county lines, 
but said increase or change in the ^boundaries of a district shall 
not work the removal of any Judge from his office during the 
term for which he shall have been elected or appointed.”] 


But November 2, 1886, Section 14 was amended to read as 
follows: 

Sec. 14. The General Assembly may (whenever two-thirds 
of the members of each House shall concur therein) increase or 
diminish the number of Judges for any district, or increase or 
diminish the number of judicial districts, and the Judges 
thereof. Such districts shall be formed of compact territory, 
and bounded by county lines; but such increase, diminution or 
change in the boundaries of a district shall not work the 
removal of any Judge from his office during the term for which 
he shall have been elected or appointed. 

Sec. 15. Election of Judges—Term. —The Judges of the 
District Court first elected shall be chosen at the first general 
election. The General Assembly may provide that after the 
year eighteen hundred and seventy-eight, the election of the 
Judges of the Supreme Court, District, and County Courts, and 
the District Attorneys, or any of them, shall be on a different 
day from that on which an election is held for any other pur¬ 
pose, and for that purpose may extend or abridge the term of 
office of any such officers then holding, but not in any case 
more than six months. Until otherwise provided by law, such 
officers shall be elected at the time of holding the general elec¬ 
tions. The terms of office of all Judges of the District Court, 
elected in the several districts throughout the State, shall 
expire on the same day; and the terms of office of the District 
Attorneys elected in the several districts throughout the State 
shall, in like manner, expire on the same day. 

Section 16. Persons eligible. —No person shall be eligible 
to the office of District Judge unless he be learned in the law, 
be at least thirty years old, and a citizen of the United States, 
nor unless he shall have resided in the State or Territory at 
least two years next preceding his election, nor unless 
he shall at the time of his election, be an elector within 
the Judicial District for which he is elected; Provided, That at 
the first election, any person of the requisite age and learning, 




CONSTITUTION OF COLORADO. 


31 


and who is an elector of the Territory of Colorado, under the 
laws thereof, at the time of the adoption of this Constitution, 
shall be eligible to the office of Judge of the District Court of 
the Judicial District within which he is an elector. 

Sec. 17* Terms of court. —The time of holding courts 
within the said districts shall be as provided by law, but at 
least one term of the District Court shall be held annually in 
each county, except in such counties as may be attached, for 
judicial purposes, to another county wherein such courts are so 
held. This shall not be construed to prevent the holding of 
special terms, under such regulations as may be provided by 
law. 

Sec. 18. Salaries. —The Judges of the Supreme and District 
Courts shall each receive such salary as may be provided by 
law, and no such judge shall receive any other compensation, 
perquisite, or emolument for, or on account of his office, in any 
form whatever, nor act as Attorney or Counsellor-at-law. 

Sec. 19. The Clerk. —There shall be a Clerk of the District 
Court in each county wherein a term is held, who shall be 
appointed by the Judge of the District, to hold his office during 
the pleasure of the Judge. His duties and compensation shall 
be as provided by law and regulated by the rules of the court. 

Section 20 has been superseded by statute. 

Sec. 20. Until the General Assembly shall provide by law 
for fixing the terms of the Courts aforesaid, the Judges of the 
Supreme and District Courts, respectively, shall fix the terms 
thereof. 

District Attorneys. 


[Section 21 originally read: “There shall be elected 
by the qualified electors of each Judicial District at 
each regular election for Judges of the Supreme Court, a Dis¬ 
trict Attorney for such District, whose term of office shall be 
three years, and whose duties and compensations shall be as 
provided by law. No person shall be eligible to the office of 
District Attorney who shall not, at the time of his election, be 
at least twenty-five years of age, and possess all the other 
qualifications for Judges of District Courts, as precribed in this 
article.”] 


But Section 21 was amended, November 4, 1902 to read as 
follows: 

Sec. 21. Election—Term—Salary—Qualification. —There 
shall be elected by the qualified electors of each judicial dis¬ 
trict, at the general election in the year nineteen hundred and 
four, and every four years thereafer, a district attorney for 
such districts whose term of office shall be four years, and 
whose duties and salary or compensation, either from the fees 
or emoluments of his office or from the general county fund, as 
shall be provided by law. No person shall be eligible to 




32 


CONSTITUTION OF COLORADO. 


the office of District Attorney who shall not, at the time of his 
election, be at least twenty-five years of age and possess all 
the qualifications of Judges of the District Courts, as provided 
in this Article. The term of office of the district attorneys 
serving in the several districts, at the time of the adoption of 
this amendment, is hereby extended to the second Tuesday of 
January, in the year, A. D., 1905. 

County Courts. 


[Section 22 originally read: “There shall be elected 
at the general election in each organized county, in the year 
eighteen hundred and seventy-seven, and every three years 
thereafter, except as otherwise provided in this article, a 
County Judge, who shall be Judge of the County Court of said 
county, whose term of office shall be three years, and whose 
compensation shall be as may be provided by law.’’] 


But Section 22 was amended, November 4, 1902, to read as 
follows: 

Sec. 22. Judges—Election—Term—Salary. —There shall be 
elected at the general election in each organized county in the 
year nineteen hundred and four, and every four years there¬ 
after, a County Judge, who shall be Judge of the County Court 
of said county, whose term of office shall be four years, and 
who shall be paid such salary or compensation, either from the 
fees and emoluments of his office or from the general county 
fund, as shall be provided by law. The term of office of the 
County Judges serving at the time of the adoption of this 
amendment is hereby extended to the second Tuesday of Janu¬ 
ary, in the year, A. D., 1905. 

Sec. 23. Jurisdiction—Appeals.—County Courts shall be 
courts of record and shall have original jurisdiction in all mat¬ 
ters of probate, settlement of estates of deceased persons, 
appointment of guardians, conservators and administrators, and 
settlement of their accounts, and such other civil and criminal 
jurisdiction as may be conferred by law. Provided, Such courts 
shall not have jurisdiction in any case where the debt, damage, 
or claim, or value of property involved, shall exceed two thous¬ 
and dollars, except in cases relating to the estates of deceased 
persons. Appeals may be taken from County to District Courts, 
or to the Supreme Court, in such cases and in such manner as 
may be prescribed by law. Writs of error shall lie from the 
Supreme Court to every final judgment of the County Court. 
No appeal shall lie to the District Court from any judg¬ 
ment given upon an appeal from a Justice of the Peace. 

Criminal Courts. 

Sec. 24- The General Assembly shall have power to create 
and establish a Criminal Court in each county having a popu¬ 
lation exceeding fifteen thousand, which court may have con- 




CONSTITUTION OF COLORADO. 


33 


current jurisdiction with the District Courts in all criminal 
cases not capital; the terms of such courts to be as provided 
by law. 


Justices of the Peace. 

Sec. 25. Justices of the Peace shall have such jurisdiction 
as may be conferred by law; but they shall not have juris¬ 
diction of any case wherein the value of the property or the 
amount in controversy exceeds the sum of three hundred dol¬ 
lars, nor where the boundaries or title to real property shall 
be called in question. 


Police Magistrates. 

Sec. 26. The General Assembly shall have power to pro¬ 
vide for creating such Police Magistrates for cities and towns as 
may be deemed from time to time necessary or expedient, who 
shall have jurisdiction of all cases arising under the ordinances 
of such cities and towns respectively. 

Miscellaneous. 

Sec. 27. Defects in law reported by judges. —The Judges 
of Courts of Record, inferior to the Supreme Court shall on or 
before the first day of July, in each year, report in writing to 
the Judges of the Supreme Court such defects and omissions in 
the laws as their knowledge and experience may suggest, and 
the Judges of the Supreme Court shall, on or before the first 
day of December, of each year, report in writing to the Gov¬ 
ernor, to be by him transmitted to the General Assembly, 
together with his message, such defects and omissions in the 
Constitution and laws as they may find to exist, together with 
appropriate bills for curing the same. 

Sec. 28. Uniform laws. —All laws relating to courts shall be 
general and of uniform operation throughout the State; and 
the organization, jurisdiction, powers, proceedings and prac¬ 
tice of all the courts of the same class or grade, so far as regu¬ 
lated by law, and the force and effect of the proceedings, judg¬ 
ments and decrees of such courts severally shall be uniform. 


[Section 29 originally read: “All officers provided for in 
this article, excepting Judges of the Supreme Court, shall 
respectively reside in the district, county, precinct, city or town 
for which they may be elected or appointed. Vacancies in 
elective offices shall be filled by election, but when the, unex¬ 
pired term does not exceed one year, the vacancy shall be filled 
by appointment, as follows: Of Judges of the Supreme and 
District Courts by the Governor; of District Attorneys by the 
Judge of the Court to which the office appertains, and of all 
other judicial officers by the Board of County Commissioners 
of the county where the vacancy occurs.'’] 


There is no evidence that this amendment was ever voted 




34 


CONSTITUTION OF COLORADO. 


upon, and the editor believes it should not be included in the 
constitution. 

Sec. 29. Residence and vacancies. —All officers provided 
for in this article, excepting judges of the Supreme Court, shall 
respectively reside in the district, county, precinct, city or town 
for which they may be elected or appointed. Vacancies occur¬ 
ring in any of the offices provided for in this article shall be 
filled by appointment as follows: Of judges of the Supreme 
and District Courts, by the Governor; of District Attorneys, by 
the Judge of the Court of the district for which such attorney 
was elected; and of all other judicial officers, by the Board of 
County Commissioners of the county wherein the vacancy 
occurs. Judges of the Supreme, District and County Courts 
appointed under the provisions of this section shall hold office 
until the next general election and until their successors elected 
thereat shall be duly qualified. 

Sec. 30. Style of process. —All process shall run in the 
name of “The People of the State of Colorado;” all prosecu¬ 
tions shall be carried on in the name and by the authority of 
“The People of the State of Colorado,” and conclude, “against 
the peace and dignity of the same.” 

ARTICLE VII. 

Suffrage and Elections. 


[Section 1 originally read: “Every male person over 
the age of twenty-one years, possessing the following qualifi¬ 
cations, shall be entitled to vote at all elections: 

“First— He shall be a citizen of the United States, or not 
being a citizen of the United States, he shall have declared his 
intention, according to law, to become such citizen, not less than 
four months before he offers to vote. 

Second —He shall have resided in the State six months 
immediately preceding the election at which he offers to vote, 
and in the county, city, town, ward or precinct, such time as 
may be prescribed by law. Provided, That no person shall be 
denied the right to vote at any school district election, nor tc 
hold any school district office, on account of sex.”] 


But was amended November 4, 1902, to read as follows: 

Sec. 1. Qualification of electors. —Every person over the 
age of twenty-one years, possessing the following qualifica¬ 
tions, shall be entitled to vote at all elections. He or she shall 
be a citizen of the United States, and shall have resided in the 
state twelve months immediately preceeding the election at 
which he offers to vote, and in the county, city, town, ward or 
precinct, such time as may be prescribed by law. 

Sec. 2. Woman's suffrage permissible. —The General 

Assembly shall at the first session thereof, and may at any 
subsequent session enact laws to extend the right of suffrage 
to women of lawful age and otherwise qualified according to 
the provisions of this article. No such enactment shall be of 




CONSTITUTION OF COLORADO; 


35 


effect until submitted to the vote of the qualified electors at a 
general election; nor unless the same be approved by a major¬ 
ity of those voting thereon. 

In 1893 the following law was referred by referendum to 
the people and was carried by a vote of 35,798 FOR and 29,457 
AGAINST and has all the force of a Constitutional amendment: 

“That every female person shall be entitled to 
vote at all elections in the same manner and the same 
respects as male persons are, or shall be to vote by the 
Constitution and Laws of this State, and the same 
qualifications as to age, citizenship, and time of resi¬ 
dence in the State, City and County, Ward and Pre¬ 
cincts, and other qualifications regained by law to 
entitle male persons to* vote shall be required to entitle 
female persons to vote." 

Sec. 3. Educational qualification of voters permissible.— 
The General Assembly may prescribe by law, an educational 
qualification for electors, but no such law shall take effect prior 
to the year of our Lord one thousand eight hundred and ninety 
(1890), and no qualified elector shall be thereby disqualified. 

Sec. 4. Residence does not change. —For the purpose of 
voting and eligibility to office, no person shall be deemed to 
have gained a residence by reason of his presence, or lost it by 
reason of his absence, while in the civil or military service of 
the State, or of the United States, nor while a student at any 
Institution of learning, nor while kept at public expense in any 
poor-house or other asylum, nor while confined in public prison. 

Sec. 5. Privilege of voters. —Voters shall in all cases, 
except treason, felony or breach of the peace, be privileged 
from arrest during their attendance at elections, and in going 
to and returning therefrom. 

Sec. 6. Voters only, eligible to hold office. —No person 

except a qualified elector shall be elected or appointed to any 
civil or military office in the State. 

Section 7 has been superseded by statute. 

Sec. 7. The general election shall be held on the first 
Tuesday in October in the years of our Lord eighteen hundred 
and seventy-six, eighteen hundred and seventy-seven, and 
eighteen hundred and seventy-eight, and annually thereafter 
on such day as may be prescribed by law. 


[Section 8 originally read: “All elections by the people 
shall be by ballot; every ballot voted shall be numbered in the 
order in which it shall be received, and the number be 
recorded by the election officers on the list of voters opposite 
the name of the voter who presents the ballot. The election 
officers shall be sworn or affirmed not to Inquire or disclose 
how any elector shall have voted. In all cases of contested 
elections, the ballots cast may be counted, compared with the 
list of voters, and examined under such safeguards and regu¬ 
lations as may be prescribed by law.”] 



36 


CONSTITUTION OF COLORADO. 


Section 8 was amended, November 6, 1906, to read as 
follows: 

Sec. 8. Elections by ballot or voting machine. —All elec¬ 
tions by the people shall be by ballot, and in case paper ballots 
are required to be used, every ballot shall be numbered in the 
order in which it shall be received, and the number recorded 
by the election officers on the list of voters opposite the name 
of the voter who presents the ballot. The election officers shall 
be sworn or affirmed not to inquire or disclose how any elector 
shall have voted. In all cases of contested elections in which 
paper ballots are required to be used, the ballots cast may be 
counted and compared with the list of voters, and examined 
under such safeguards and regulations as may be provided by 
law. Nothing in this section, however, shall be construed to 
prevent the use of any machine or mechanical contrivance for 
the purpose of receiving and registering the votes cast at any 
election, provided that secrecy in voting be preserved. 

When the governing body of any county, city, city and 
county or town, including the city and county of Denver, and 
any city, city and county or town which may be governed by 
the provisions of special charter, shall adopt and purchase a 
voting machine, or voting machines, such governing body may 
provide for the payment therefor by the issuance of interest- 
bearing bonds, certificates of indebtedness, or other obligations, 
which shall be a charge upon such city, city and county, or 
town; such bonds, certificates or other obligations may be 
made payable at such time or times, not exceeding ten years 
from date of issue as may be determined, but shall not be 
issued or sold at less than par. 

Sec. 9. Witness in election trial. —In trials of contested 
elections, and for offenses arising under the election law, no 
person shall be permitted to withhold his testimony on the 
ground that it may criminate himself, or subject him to public 
infamy; but such testimony shall not be used against him in 
any judicial proceeding, except for perjury in giving such 
testimony. 

Sec. 10. Imprisonment and Suffrage —No person while 
confined in any public prison shall be entitled to vote; but 
every such person who was a qualified elector prior to such 
imprisonment, and who is released therefrom by virtue of a 
pardon, or by virtue of having served out his full term of 
imprisonment, shall, without further action, be invested with 
all the rights of citizenship; except as otherwise provided in 
this Constitution. 

Sec. 11. Purity of elections.— The General Assembly shall 
pass laws to secure the purity of elections, and guard against 
abuses of the elective franchise. 

Sec. 12. Election contests. —The General Assembly shall, 
by general law, designate the courts and judges by whom the 
several classes of election contests, not herein provided for, 


CONSTITUTION OF COLORADO. 


37 


shall be tried, and regulate the manner of trial, and all matters 
incident thereto, but no such law shall apply to any contest 
arising out of an election held before its passage. 

ARTICLE VIII. 

State Institutions. 

Sec. 1. Educational, reformatory, and penal institutions, 
and those for the benefit of the insane, blind, deaf and mute, 
and such other institutions as the public good may require, 
shall be established and supported by the State, in such man¬ 
ner as may be prescribed by law. 

Sec. 2. Seat of government. —The General Assembly shall 
have no power to change or locate the seat of government of 
the State, but shall at its first session subsequent to the year 
of our Lord, one thousand eight hundred and eighty provide 
by law for submitting the question of the permanent location 
of the seat of government to the qualified electors of the State, 
at the general election then next ensuing, and a majority of all 
the votes upon said question cast at said election, shall be 
necessary to determine the location thereof. Said General 
Assembly shall also provide that in case there shall be no 
choice of location at said election, the question of choice 
between the two places for which the highest number of votes 
shall have been cast, shall be submitted in like manner to the 
qualified electors of the State, at the next general election; 
Provided, That until the seat of government shall have been 
permanently located as herein provided, the temporary location 
thereof shall remain at the City of Denver. 

Sec. 3. Seat of government may be changed. —When the 
seat of government shall have been located as herein provided, 
the location thereof shall not thereafter be changed, except by 
a vote of two-thirds of all the qualified electors of the State 
voting on that question, at a general election, at which the 
question of location of the seat of government shall have been 
submitted by the General Assembly. 

Sec. 4. Capitol building. —The General Assembly shall 
make no appropriation or expenditure for capitol buildings or 
grounds, until the seat of government shall have been perma¬ 
nently located, as herein provided. 


[Section 5 originally read:—“The following Territorial 
Institutions towit: The University at Bouder, the Agricul¬ 
tural College at Fort Collins, the School of Mines at Gold¬ 
en, the Institute for the Educa tion of Mutes, shall, upon the 
adoption of this Constitution, become Institutions of the 
State of Colorado, and the management thereof subject to 
the control of the State, under such laws and regulations as 
the General Assembly shall provide, and the location of said 
Institutions, as well as all gifts, grants, and appropriations 



38 


CONSTITUTION OF COLORADO. 


of money and property, real and personal, heretofore made 
to said several Institutions, are hereby confirmed to the use 
and benefit of the same respectively; Provided, This section 
shall not apply to any institution, the property, real or per¬ 
sonal, of which is now vested in the trustees thereof, until 
such property be transferred by proper conveyance, together 
with the control thereof, to the officers provided for the 
management of said Institution by this Constitution, or by 
law.”] 


But was amended November, 1910, to read as follows; 

Sec. 5. The following educational institutions, to-wit: 
The University at Boulder, the Agricultural College at Fort 
Collins, the School of Mines at Golden, and the Institute for 
the Education of Mutes, (which thall hereafter be known as 
Colorado School for Deaf and Blind) at Colorado Springs, 
are hereby declared to be institutions of the State of Colo¬ 
rado, and the management thereof subject to the control of 
the State, under the provisions of the Constitution, and such 
laws and regulations as the General Assembly may provide, 
and the location of said institutions, as well as all gifts, grants 
and appropriations of money and property, real and personal, 
heretofore made to said several institutions, are hereby con¬ 
firmed to the use and benefit of the same respectively; Pro¬ 
vided, This section shall not apply to any institution, the 
property, real or personal, of which is now vested in the 
trustees thereof, until such property be transferred by proper 
conveyance, together with the control thereof, to the officers 
provided for the management of said institution by this con¬ 
stitution or by law; and, Provided further. That the regents 
of the university may, whenever in their judgment the needs 
of the institution demand such action, establish, maintain and 
conduct all but the first two years of the departments of 
medicine, dentistry and pharmacy, of the University, at Den¬ 
ver, and. Provided further, That nothing in this section shall 
be construed to prevent State educational institutions from 
giving temporary lecture courses, commonly called “Univer¬ 
sity extension work,” and “Farmers’ Institute and Short 
Courses,” in any part of the State, or conducting class ex¬ 
cursions for the purpose of investigation and study. 

ARTICLE IX. 

Education. 

Sec. 1. Board of education.— The general supervision of 
the public schools of the State shall be vested in a Board of 
Education, whose powers and duties shall be prescribed by law, 
the Superintendent of Public Instruction, the Secretary of State 
and Attorney General shall constitute the Board, of which the 
Superintendent of Public Instruction shall be President. 

Sec. 2. Public schools. —The General Assembly shall, as 
soon as practical, provided for the establishment and mainte- 



CONSTITUTION OF COLORADO. 


39 


nance of a thorough and uniform system of free public schools 
throughout the State, wherein all the residents of the State, 
between the ages of six and twenty-one years, may be edu¬ 
cated gratuitously. One or more public schools shall be main¬ 
tained in each school district within the State, at least three 
months in each year; any school district failing to have such 
school shall not be entitled to receive any portion of the school 
fund for that year. 

Sec. 3. Inviolability of school fund. —The public school 
fund of the State, shall forever remain inviolate and intact; the 
interest thereon, only, shall be expended in the maintenance of 
the schools of the State, and shall be distributed amongst the 
several counties and school districts of the State, in such man¬ 
ner as may be prescribed by law. No part of this fund, prin¬ 
cipal or interest, shall ever be transferred to any other fund, 
or used, or appropriated, except as herein provided. The State 
Treasurer shall be the custodian of this fund, and the same 
shall be securely and profitably invested as may be by law 
directed. The State shall supply all losses thereof that may in 
any manner occur. 

Sec. 4. County and district school funds collected and dis¬ 
bursed. —Each County Treasurer shall collect all school funds 
belonging to his county, and the several school districts therein, 
and disburse the same to the proper districts upon warrants 
drawn by the County Superintendent or by the proper district 
authorities, as may be provided by law. 

Sec. 5. State school funds. —The public school fund of the 
State shall consist of the proceeds of such lands as have here¬ 
tofore been, or may hereafter, be granted to the State by the 
General Government for educational purposes; all estates that 
may escheat to the State; also all other grants, gifts or devices 
that may be made to this State for educational purposes. 

Sec. 6. County superintendent. —There shall be a County 
Superintendent of Schools in each county, whose term of office 
shall be two years, and whose duties, qualifications and com¬ 
pensation shall be prescribed by law. He shall be ex officio 
Commissioner of Lands within his county, and shall discharge 
the duties of said office under the direction of the State Board 
of Land Commissioners, as directed by law. 

Sec. 7. Aid to private institutions forbidden. —Neither the 
General Assembly, nor any county, city, town, township, school 
district, or other public corporation, shall ever make any appro¬ 
priation, or pay from any public fund or moneys whatever, 
anything in aid of any church or sectarian society, or for any 
sectarian purpose, or to help support, or sustain any school, 
academy, seminary, college, university or other literary or sci¬ 
entific institution controlled by any church or sectarian denom¬ 
ination whatsoever; nor shall any grant or donation of 
land, money or other personal property, ever be made by the 


40 


CONSTITUTION OF COLORADO. 


State or any such public corporation, to any church, or for any 
sectarian purpose. 

Sec. 8. Religious and color tests forbidden. —No religious 
test or qualification shall ever be required of any person as a 
condition of admission into any public educational institution 
of the State, either as teacher or student; and no teacher or 
student of any such institution shall ever be required to attend, 
or participate in any religious service whatever. No sectarian 
tenets or doctrines shall ever be taught in the public schools, 
nor shall any distinction or classification of pupils be made on 
account of race or color. 


[Section 9 originally read: “The Governor, Superin¬ 
tendent of Public Instruction, Secretary of State and Attor¬ 
ney General shall constitute the State Board of Land Com¬ 
missioners, who shall have the direction, control and dis¬ 
position of the public lands of the State, under such regula¬ 
tions as may be prescribed by law.”] 


But November, 1910, Section 9 was amended to read as 
follows: 

Sec. 9. State Board of Land Commissioners. —The State 
board of land commissioners shall he composed of three (3) 
persons to be appointed by the Governor, with the consent of 
the Senate, who shall have the direction, control and disposi¬ 
tion of the public lands of the State under such regulations 
as are and may be prescribed by law, one of which persons 
shall at the time of his appointment be designated as presi¬ 
dent of the board and whose office shall expire on the second 
Tuesday of January, 1917, one of which persons shall at the 
time of his appointment he designated as register of the 
hoard and whose term of office shall expire on the second 
Tuesday of January, 1915, and the third member of said 
board shall at the time of his appointment be designated as 
the engineer of the hoard and shall always be professionally 
a civil engineer, who, for at least five (5) years, has been 
actively engaged in the practice of his profession and whose 
term of office shall expire on the second Tuesday of January, 
1913; and the successor and successors of the first members 
of the board shall each be appointed for the terms of six 
(6) years. 

Soc. 10. Control of public lands. —It shall be the duty of 
the State Board of Land Commissioners to provide for the 
location, protection, sale or other disposition of all the lands 
heretofore, or which may hereafter be granted to the State, by 
the General Government, under such regulations as may be 
prescribed by law; and in such manner as will secure the 
maximum possible amount therefor. No law shall ever be 
passed by the General Assembly granting any privileges to 
persons who may have settled upon any such public lands sub¬ 
sequent to the survey thereof by the General Government, by 




CONSTITUTION OF COLORADO. 


41 


which the amount to be derived by the sale, or other disposition 
of such lands, shall be diminished, directly or indirectly. The 
General Assembly shall, at the earliest practicable period, pro¬ 
vide by law that the several grants of land made by Congress 
to the State shall be judiciously located and carefully preserved 
and held in trust subject to disposal, for the use and benefit 
of the respective objects for which said gTants of land were 
made, and the General Assembly shall provide for the sale of 
said lands from time to time; and for the faithful application 
of the proceeds thereof in accordance with the terms of said 
grants. 

Sec. 11. Compulsory education. —The General Assembly 

may require, by law, that every child of sufficient mental and 
physical ability, shall attend the public school during the period 
between the ages of six and eighteen years, for a time equiva¬ 
lent to three years, unless educated by other means. 

Sec. 12. Regents of the state university—There shall be 

elected by the qualified electors of the State, at the first gen¬ 
eral election under this Constitution, six Regents of the Univer¬ 
sity, who shall immediately after their election be so classified, 
by lot, that two shall hold their office for the term of two years, 
two for four years and two for six years; and every two years 
after the first election there shall be elected two Regents of the 
University, whose term of office shall be six years. The 
Regents thus elected, and their successors, shall constitute a 
body corporate, to be known by the name and style of “The 
Regents of the University of Colorado.” 

Sec. 13. The president of the state university. —The 
Regents of the University shall, at their first meeting, or as 
soon thereafter as practicable, elect a president of the 
University, who shall hold his office until removed by the 
Board of Regents for cause; he shall be, ex-officio, a member 
of the Board, with the privilege of speaking, but not of voting, 
except in cases of a tie; he shall preside at the meetings of the 
Board, and be the principal executive officer of the University, 
and a member of the faculty thereof. 

Sec. 14. Authority of the regents. —The Board of Regents 
shall have the general supervision of the University, and the 
exclusive control and direction of all funds of, and appropria¬ 
tions to the University. 

Sec. 15. School districts. —The General Assembly shall, by 
law, provide for organization of school districts of convenient 
size, in each of which shall be established a Board of Education, 
to consist of three or more directors, to be elected by the 
qualified electors of the district. Said directors shall have 
control of instruction in the public schools of their respective 
districts. 

8ec. 16. Text-books. —Neither the General Assembly nor 
the State Board of Education shall have power to prescribe 
text-books to be used in the public schools. 


42 


CONSTITUTION OP COLORADO. 


ARTICLE X. 

Revenue. 

Sec. 1. Fiscal year. —The fiscal year shall commence on 
the first day of October in each year, unless otherwise provided 
by law. 

Sec. 2. Taxation. —The General Assembly shall provide by 
law for an annual tax, sufficient, with other resources, to 
defray the estimated expenses of the State Government for 
each fiscal year. 


[Section 3 originally read: “AH taxes shall be uniform 
upon the same class of subjects within the territorial limits of 
the authority levying the tax, and shall be levied and collected 
under general laws, which shall prescribe such regulations as 
shall secure a just valuation for taxation of all property, real 
and personal; Provided, That mines and mining claims bearing 
gold, silver and other precious metals (except the net pro¬ 
ceeds and surface improvements thereof), shall be exempt from 
taxation for the period of ten years from the date of the adop¬ 
tion of this constitution, and thereafter may be taxed as pro¬ 
vided by law. Ditches, canals and flumes owned and used by 
individuals or corporations for irrigating lands owned by such 
individuals or corporations, or the individual members thereof, 
shall not be separately taxed, so long as they shall be owned 
and used exclusively for such purpose.’’] 


But Section 3 was amended November 8, 1892 to read as 
follows: 


[Section 3: “All taxes shall be uniform upon the same 
class of subjects within the territorial limits of the authority 
levying the tax and shall be levied and collected under general 
laws which shall prescribe such regulations as shall secure a 
just valuation for taxation of all property, real and personal, 
Provided, That the household goods of every person being the 
head of a family, to the value of two hundred dollars, shall be 
exempt from taxation. Ditches, canals, and flumes owned and 
used by individuals or corporations for irrigating lands owned 
by such individuals or corporations, or the individual members 
thereof, shall not be separately taxed so long as they shall be 
owned and used exclusively for such purposes; And Provided, 
Further, That the provisions of this section shall not effect 
such special assessments for benefits and municipal improve¬ 
ments as the corporate authorities of cities, towns or improve¬ 
ment districts may assess and collect under provisions to be 
prescribed by law.”] 


But was reamended November 8, 1904, to read as follows: 

Sec. 3. —All taxes shall be uniform upon the same class of 
subjects within the territorial limits of the authority levying 
the tax and shall be levied and collected under general laws 
which shall prescribe such regulations as shall secure a just 
valuation for taxation of all property, real and personal; 
Provided, That the personal property of every person being the 







CONSTITUTION OP COLORADO. 


43 


head of a family, to the value of two hundred dollars, shall be 
exempt from taxation. Ditches, canals, and flumes owned and 
used by individuals or corporations for irrigating lands owned 
by such individuals or corporations, or the individual members 
thereof, shall not be separately taxed so long as they shall be 
owned and used exclusively for such purposes. 

Sec- 4. Property exempt from taxes. —The property, real 
and personal, of the State, counties, cities, towns and other 
municipal corporations, and public libraries, shall be exempt 
from taxation. 

Sec. 5. Further exemption. —Lots, with the buildings 
thereon, if said buildings are used solely and exclusively for 
religious worship, for schools, or for strictly charitable pur¬ 
poses, also cemeteries not used or held for private or corporate 
profit, shall be exempt from taxation, unless otherwise provided 
by general law. 

Sec. 6. Further laws of exemption forbidden.—All laws 

exempting from taxation, property, other than that hereinbefore 
mentioned shall be void. 

Sec. 7. Power to delegate authority to tax. —The General 

Assembly shall not impose taxes for the purposes of any county, 
city, town, or other municipal corporation, but may by law, 
vest in the corporate authorities thereof respectively the power 
to assess and collect taxes for all purposes of such corporation. 

Sec- 8. No release from taxation. —No county, city, town or 
other municipal corporation, the inhabitants thereof, nor the 
property therein, shall be released or discharged from their or 
its proportionate share of taxes to be levied for State purposes. 

Sec. 9. Corporations must be taxed. —The power to tax cor¬ 
porations and corporate property, real and personal, shall 
never be relinquished or ^suspended. 

Sec. 10. Property of corporations subject to taxation.— 
All corporations in this State, or doing business therein, shall 
be subject to taxation for State, county, school, municipal and 
other purposes, on the real and personal property owned or 
used by them within the territorial limits of the authority levy¬ 
ing the tax. 


[Section 11 originally read: “The rate of taxation on prop¬ 
erty for State purposes, shall never exceed six mills on each 
dollar of valuation, and whenever the taxable property within 
the State shall amount to one hundred million dollars, the rate 
shall not exceed four mills on each dollar of valuation; and 
whenever the taxable property within the State shall amount 
to three hundred million dollars, the rate shall never thereafter 
exceed two mills on each dollar of valuation unless a propo¬ 
sition to increase such rate, specifying the rate proposed, and 
the time during which the rate shall be levied, be first sub¬ 
mitted to a vote of such of the qualified electors of the State 
as in the year next preceding such election, shall have paid 
a property tax assessed to them within the State, and a major¬ 
ity of those voting thereon shall vote in favor thereof, in such 
manner as may be provided by law.”] 



44 


CONSTITUTION OF COLORADO. 


But Section 11 was amended November 8, 1892, to read as 
follows: 

Sec. 11. The rate of taxation on property for State pur¬ 
poses, shall never exceed four mills on each dollar of valuation. 

Sec. 12. State treasurer’s report. —The Treasurer shall 

keep a separate account of each fund in his hands; and shall, 
at the end of each quarter of the fiscal year report to the Gov¬ 
ernor in writing, under oath, the amount of all moneys in his 
hands to the credit of every such fund, and the place where the 
same are kept or deposited, and the number and amount of 
every warrant received, and the number and amount of every 
warrant paid therefrom during the quarter. Swearing falsely 
to any such report shall be deemed perjury. The Governor 
shall cause every such report to be immediately published in 
at least one newspaper printed at the seat of government, and 
otherwise as the General Assembly may require. The General 
Assembly may provide by law further regulations for the safe 
keeping and management of the public funds in the hands of 
the Treasurer, but, notwithstanding any such regulation, the 
Treasurer, and his sureties shall in all cases be held respon¬ 
sible therefor. 

Sec. 13. Making a profit on public money is a crime. —The 

making of profit, directly or indirectly, out of State, county, 
city, town or school district money, or using the same for any 
purpose not authorized by law, by any public officer, shall be 
deemed a felony, and shall be punished as provided by law. 

Sec. 14. Private property not liable for public debt. —Pri¬ 
vate property shall not be taken or sold for the payment of the 
corporate debt of municipal corporations. 

Sec. 15. There shall be a Board of Equalization for the 
state, consisting of the Governor, State Auditor, State Treas¬ 
urer, Secretary of State and Attorney General. The duty of 
the said Board of Equalization shall be to adjust, equalize, 
raise or lower the valuation of real and personal property of 
the several counties of the state, and the valuation of any 
item or items, of the various classes of such property. 

There shall be in each county of this state a County 
Board of Equalization, consisting of the board of county com¬ 
missioners of said county. The duty of the County Board of 
Equalization shall be to adjust, equalize, raise or lower the 
valuation of real and personal property within their respec¬ 
tive counties, subject to revision, change and amendment 
by the State Board of Equalization. The State Board of 
Equalization and the County Board of Equalization shall 
equalize to the end that all taxable property in the state shall 
be assessed at its full cash value and also perform such other 
duties as may be prescribed by law; Provided, however, that 
the State Board of Equalization shall have no power of origi¬ 
nal assessment. 


CONSTITUTION OF COLORADO. 


45 


Sec. 16. Limit on appropriations. —No appropriation shall 
be made nor any expenditure authorized by the General 
Assembly whereby the expenditure of the State during any fis¬ 
cal year, shall exceed the total tax then provided for by law 
and applicable for such appropriation or expenditure unless the 
General Assembly making such appropriation shall provide for 
levying a sufficient tax not exceeding the rates allowed in 
section eleven of this Article, to pay such appropriation or 
expenditure within such fiscal year. This provision shall not 
apply to appropriations or expenditures to suppress insur¬ 
rection, defend the State, or assist in defending the United 
States in time of war. 


ARTICLE XI. 

Public Indebtedness. 

Sec. 1. Pledging public credit forbidden. —Neither the 
State nor any county, city, town, township or school district 
shall lend or pledge the credit or faith thereof, directly or 
indirectly, in any manner to or in aid of any person, company 
or corporation, public or private, for any amount, or for any 
purpose whatever; or become responsible for any debt, con¬ 
tract or liability of any person, company or corporation, public 
or private, in or out of the State. 

Sec. 2. Aid to private undertakings forbidden. —Neither 
the State nor any county, city, town, township or school dis¬ 
trict, shall make any donation or grant to, or in aid of, or 
become a subscriber to, or shareholder in any corporation or 
company, or a joint owner with any person, company or cor¬ 
poration, public or private, in or out of the State, except as to 
such ownership as may accrue to the State by escheat, or by 
forfeiture, by operation or provision of law; and except as to 
such ownership as may accrue to the State, or to any county, 
city, town, township or school district, or to either or any 
of them, jointly with any person, company or corporation, by 
forfeiture or sale of real estate for non-payment of taxes, or by 
donation or devise for public use,, or by purchase by or on 
behalf of any or either of them, jointly with any or either of 
them, under execution in cases of fines, penalties, or forfeiture 
or recognizance, breach of condition of official bond, or of 
bond, to secure public moneys, or the performance of any con¬ 
tract in which they or any of them may be jointly or severally 
interested. 

Sec. 3. Public debt. —The State shall not contract any 
debt by loan in any form, except to provide for casual 
deficiencies of revenue, erect public buildings for use of the 
State, suppress insurrection, defend the State, or, in time of 
war, assist in defending the United States; and the amount of 
the debt contracted in any one year to provide for deficiencies 
of revenue shall not exceed one-fourth of a mill on each dollar 
of valuation of taxable property within the State, and the 
aggregate amount of such debt shall not at any time exceed 
three-fourths of a mill on each dollar of said valuation until 


46 


CONSTITUTION OF COLORADO. 


the Valuation shall equal one hundred millions of dollars, and 
thereafter such debt shall not exceed one hundred thousand 
dollars, and the debt incurred in any one year for erection of 
public buildings shall not exceed one-half mill on each dollar 
of said valuation, and the aggregate amount of such debt shall 
never at any time exceed the sum of fifty thousand dollars 
(except as provided in Section Five of this Article), and in all 
cases the valuation in this section mentioned shall be that of 
the assessment last preceding the creation of said debt. 

November, 1910, the following was added to Section 3. 

Provided, that, in addition to the amount of debt that may 
be incurred, as above, the state may contract a debt by loan 
for the purpose of paying the principal and accrued interest 
of all the outstanding warrants issued by this state during and 
for the years, 1887, 1888, 1889, 1892, 1893, 1894 and 1897; said 
debt to be evidenced by registered coupon interest bearing 
funding bonds to an amount not exceeding $2,115,000,00, or 
so much thereof as may be necessary to pay said warrrants 
and interest thereon. 

Said funding bonds shall be dated December 1st, 1910, 
shall be payable at the option of the State of Colorado at any 
time after ten years from their date, shall be absolutely due 
and payable fifty (50) years after their date, and shall be of 
the denomination of One Hundred Dollars ($100.00) each, or 
any multiple thereof. The interest on said bonds shall be 
payable semi-annually at the rate of three per cent, per an¬ 
num at the office of the state treasurer, or at some place in 
the City of New York, U. S. A., and the principal of said bonds 
shall be payable at the office of the state treasurer. 

No such bonds shall be issued except at par and. accrued 
interest, and upon the contemporaneous surrender and can¬ 
cellation of a like amount of principal and interest of said 
warrants. 

Said bonds to an amount equaling the principal of said 
warrants now held by the public school fund shall be regis¬ 
tered by the state auditor and state treasurer in the name 
and for the benefit of and payable only to the said fund and 
shall not be transferable. 

And all such bonds to an amount equaling the interest on 
said warrants now held in the school fund shall be sold by 
the state treasurer at not less than par and accrued interest; 
and the proceeds thereof paid into the school fund, and dis¬ 
tributed to the several counties and school districts of the 
state for school purposes, in the proportions and in the man¬ 
ner required by law. 

Sec. 4- Law creating debt.—In no case shall any debt 
above mentioned in this Article be created except by a law 
which shall be irrepealable, until the indebtedness therein 
provided for shall have been fully paid or discharged; such 
law shall specify the purposes to which the funds so raised 
shall be applied, and provide for the levy of a tax sufficient 


CONSTITUTION OF COLORADO. 


47 


to pay the interest on, and extinguish the principal of such 
debt within the time lirmi ted by such law for the payment 
thereof, which in the case of debts contracted for the erection of 
public buildings and supplying deficiencies of revenue, shall 
not be less than ten nor more than fifteen years, and the funds 
arising from the collection of any such tax shall not be applied 
to any other purpose than that provided in the law levying the 
same, and when the debt thereby created shall be paid or dis¬ 
charged, such tax shall cease, and the balance, if any, to the 
credit of the fund shall immediately be placed to the credit 
of the general fund of the State. 

Sec. 5. Debt for public buildings.—A debt for the purpose 
of erecting public buildings may be created by law, as pro¬ 
vided for in Section four of this Article, not exceeding in the 
aggregate three mills on each dollar of said valuation, Provided, 
That before going into effect, such law shall be ratified by the 
vote of a majority of such qualified electors of the State as 
shall vote thereon at a general election under such regulations 
as the General Assembly may prescribe. 


[Section 6 orginally read: “No county shall contract any 
debt by loan in any form except for the purpose of erecting 
necessary public buildings, making or repairing public roads 
and bridges, and such indebtedness contracted in any one year 
shall not exceed the rates upon the taxable property in such 
county, following, to wit: Counties in which the assessed valu¬ 
ation of taxable property shall exceed five millions of dollars, 
one dollar and fifty cents on each thousand dollars thereof; 
Counties in which such valuation shall be less than five mill¬ 
ions of dollars, three dollars on each thousand dollars thereof; 
And the aggregate amount of indebtedness of any county for 
all purposes, exclusive of debts contracted before the adoption 
of this Constitution, shall not at any time exceed twice the 
amount above herein limited, unless when in manner provided 
by law, the question of incurring such debt shall, at a general 
election be submitted to such of the qualified electors of such 
county as in the year last preceding such election shall have 
paid a tax upon property assessed to them in such county, and 
a maloritv of those voting thereon shall vote in favor of incurr¬ 
ing the debt: but the bonds, if any be issued therefor, shall not 
run less than ten years, and the aggregate amount of debt so 
contracted shall not at any time exceed twice the rate upon the 
valuation last herein mentioned. Provided. That this Section 
shall not anplv to counties having a valuation of less than one 
million of dollars.”] 


But Section 6 was amended November 6, 1888, and reads as 
follows: 

Sec. 6. County debts—Limits.—No county shall contract 
any debt by loan in any form except for the purpose of erect¬ 
ing necessary public buildings, making or repairing public 
roads and bridges; and such indebtedness contracted in any 
one year shall not exceed the rates upon the taxable property 
in such county, following, to-wit: Counties in which the 
assessed valuation of taxable property shall exceed five millions 
of dollars, one dollar and fifty cents on each thousand dollars 




48 


CONSTITUTION OF COLORADO. 


thereof; Counties in which such valuation shall be less than 
five millions of dollars, three dollars on each thousand dollars 
thereof; And the aggregate amount of indebtedness of any 
county for all purposes, exclusive of debts contracted before 
the adoption of this Constitution, shall not at any time exceed 
twice the amount above herein limited unless when in manner 
provided by law, the question of incurring such debt shall, at a 
general election, be submitted to such of the qualified electors 
of such county as in the year last preceding such election shall 
have paid a tax upon property assessed to them in such county, 
and a majority of those voting thereon shall vote in favor of 
Incurring the debt; but the bonds, if any be issued therefor, 
shall not run less than ten years, and the aggregate amount of 
debt so contracted shall not at any time exceed twice the rate 
upon the valuation last herein mentioned; Provided, That any 
county in this State which has an indebtedness outstanding, 
either in the form of warrants issued for purposes provided by 
law prior to December 31, A. D., 1886, or in the form of funding 
bonds issued prior to such date for such warrants previously 
outstanding, or in the form of public building, road or bridge 
bonds outstanding at such date, may contract a debt by loan 
by the issuance of bonds for the purpose of liquidating such 
indebtedness, provided the question of issuing said bonds shall, 
at a general or special election called for that purpose, be sub¬ 
mitted to the vote of such of the duly qualified electors of such 
county as in the year last preceding such election shall have 
paid a tax upon property assessed in such county, and the 
majority of those voting thereon shall vote in favor of issuing 
the bonds. Such election shall be held in the manner prescribed 
by the laws of this State for the issuance of road, bridge and 
public building bonds, and the bonds authorized at such election 
shall be issued and provision made for their redemption in the 
same manner as provided in said law- 

Sec. 7. Debt for school buildings.—No debt by loan in any 
form shall be contracted by any school district for the purpose 
of erecting and furnishing school buildings, or purchasing 
grounds, unless the proposition to create such debts shall first 
be submitted to such qualified electors of the district as shall 
have paid a school tax therein, in the year next preceding such 
election, and a majority of those voting thereon shall vote in 
favor of incurring such debt. 

Sec. 8. City indebtedness.—No city or town shall contract 
any debt by loan in any form, except by means of an ordinance, 
which shall be irrepealable, until the indebtedness therein pro¬ 
vided for shall have been fully paid or discharged, specifying 
the purposes to which the funds to be raised shall be applied, 
and providing for the levy of a tax, not exceeding twelve (12) 
mills on each dollar of valuation of taxable property within 
such city or town sufficient to pay the annual interest and 
extinguish the principal of such debt within fifteen, but not 
less than ten years from the creation thereof, and such tax 


CONSTITUTION OF COLORADO. 


49 


when collected shall be applied only to the purposes in such 
ordinance specified, until the indebtedness shall be paid or dis¬ 
charged. But no such debt shall be created unless the question of 
incurring the same shall at a regular election for councilmen, 
aldermen, or officers of such city or town, be submitted to a 
vote of such qualified electors thereof as shall in the year next 
preceding have paid a property tax therein, and a majority of 
those voting on the question by ballot deposited in a separate 
ballot-box, shall vote in favor of creating such debt; but the 
aggregate amount of debt so created, together with the debt 
existing at the time of such election, shall not at any time 
exceed three per cent, of the valuation last aforesaid. Debts 
contracted for supplying water to such city or town are 
excepted from the operation of this Section. The valuation in 
this Section mentioned shall be in all cases that of the assess¬ 
ment next preceding the last assessment before the adoption 
of such ordinance. 

Sec. 9. Restriction of this article not retroactive. J —Nothing 
contained in this Article shall be so construed as to either 
ftnpair or add to the obligation of any debt heretofore con¬ 
tracted by any county, city, town, or school district, in accord¬ 
ance with the laws of Colorado Territory, or prevent the con¬ 
tracting of any debt, or the issuing of bonds therefor in accord¬ 
ance with said laws upon any proposition for that purpose 
which may have been, according to said laws, submitted to a 
vote of the qualified electors of any county, city, town or school 
district, before the day on which this Constitution takes effect. 

ARTICLE XII. 

Officers. 

Sec. 1. When offices expire. —Every person holding any 
civil office under the State, or any municipality therein, shall, 
unless removed according to law, exercise the duties of such 
office until his successor is duly qualified; but this shall not 
apply to members of the General Assembly, nor to members of 
any Board or Assembly, two or more of whom are elected at the 
same time; the General Assembly may by law provide for sus¬ 
pending any officer in his functions, pending impeachment or 
prosecution for misconduct in office. 

Sec. 2. Personal attention required. —No person shall hold 
any office or employment of trust or profit, under the laws of 
the State, or any ordinance of any municipality therein, without 
devoting his personal attention to the duties of the same. 

Sec. 3- Defaulting collector.— No person who is now or 
hereafter may become a collector or receiver of public money, 
or the deputy, or assistant of such collector or receiver, and 
who shall have become a defaulter in his office, shall be eligible 
to or assume the duties of any office of trust or profit in this 
State under the laws thereof, or of any municipality therein, 
until he shall have accounted for and paid over all public 
money for which he may be accountable. 


50 


CONSTITUTION OF COLORADO. 


Sec. 4. Disqualifications for office. —No person hereafter 
convicted of embezzlement of public money, bribery, perjury, 
solicitation of bribery, or subornation of perjury, shall be eli¬ 
gible to the General Assembly, or capable of holding any office 
of trust or profit in this State. 

Sec. 5. Supervising power of the district court. —The 
District Court of each county shall, at each term thereof, spec¬ 
ially give in charge to the grand jury, if there be one, the laws 
regulating the accountability of the County Treasurer, and shall 
appoint a committee of such grand jury, or of other reputable 
persons, not exceeding five, to investigate the official accounts 
and affairs of the Treasurer of such county, and report to the 
Court the condition thereof. The Judge of the District Court 
may appoint a like committee in vacation at any time, but not 
oftener than once in every three months. The District Court 
of the County wherein the seat of government may be shall 
have the like power to appoint committees to investigate the 
official accounts and affairs of the State Treasurer and the 
Auditor of State. 

Sec. 6. Bribery defined. —Any civil officer or member of 
the General Assembly who shall solicit, demand or receive, or 
consent to receive, directly or indirectly, for himself or for 
another, from any company, corporation or person, any money, 
office, appointment, employment, testimonial, reward, thing of 
value or enjoyment, or of personal advantage, or promise there¬ 
of, for his vote, official influence or action, or for withholding the 
same, or with an understanding that his official influence or 
action shall be in any way influenced thereby, or who shall solicit 
or demand any such money or advantage, matter or thing afore¬ 
said for another, as the consideration of his vote, official influ¬ 
ence or action, or for withholding the same, or shall give or 
withold his vote, official influence or action, in consideration of 
the payment or promise of such money, advantage, matter or 
thing to another, shall be held guilty of bribery, or solicitation 
of bribery as the case may be, within the meaning of thi^ 
Constitution, and shall incur the disabilities provided thereby 
for such offense, and such additional punishment as is or shall 
be prescribed by law. 

Sec- 7. Oath of members of general assembly. —Every 
member of the General Assembly shall, before he enters upon 
his offical duties, take an oath or affirmation to support the 
Constitution of the United States and of the State of Colorado, 
and to faithfully perform the duties of his office according to 
the best of his ability. This oath or affirmation shall be 
administered in the Hall of the House to which the member 
shall have been elected. 

Sec. 8. Oath of civil officers. —Every civil officer, except 
members of the General Assembly and such inferior officers 
as may be by law exempted, shall, before he enters upon the 
duties of his office, take and subscribe an oath or affirmation 
to support the Constitution of the United States and of the 


CONSTITUTION OF COLORADO. 


51 


State of Colorado, and to faithfully perform the duties of the 
office upon which he shall be about to enter. 

Sec. 9. Where oaths must be filed. —Officers of the Execu- 
tive Department and Judges of the Supreme and District 
Courts, and District Attorneys, shall file their oaths of office 
with the Secretary of State; every other officer shall file his 
oath of office with the County Clerk of the county wherein he 
■hall have been elected- 

Sec. 10. Vacancy. —If any person elected or appointed to 
any office shall refuse or neglect to qualify therein within the 
time prescribed by law, such office shall be deemed vacant. 

Sec 11. Term of officer elected to fill vacancy. —The term 
of office of any officer elected to fill a vacancy shall terminate 
at the expiration of the term during which the vacancy 
occurred. 

Sec. 12. Duel. —No person who shall hereafter fight a duel, 
or assist in the same as a second, or send, accept or knowingly 
carry a challenge therefor, or agree to go out of the State to 
fight a duel, shall hold any office in the State. 

ARTICLE XIII. 

Impeachments. 

Sec. 1. The House of Representatives shall have the sole 
power of impeachment. The concurrence of a majority of all 
the members shall be necessary to an impeachment. All 
impeachments shall be tried by the Senate, and when sitting 
for that purpose, the Senators shall be upon oath or affirmation 
to do justice according to law and evidence. When the Gov¬ 
ernor or Lieutenant Governor is on trial, the Chief Justice of 
the Supreme Court shall preside. No person shall be convicted 
without a concurrence of two-thirds of the Senators elected. 

Sec. 2. Who may be impeached. —The Governor and other 
State and Judicial officers, except County Judges and Justices 
of the Peace, shall be liable to impeachment for high crimes or 
misdemeanor, or malfeasance in office, but judgment in such 
cases shall only extend to removal from office and disquali¬ 
fication to hold any office of honor, trust or profit in the State. 
The party, whether convicted or acquitted, shall, nevertheless, 
be liable to prosecution, trial, judgment and punishment 
according to law. 

Sec. 3. Other officers subject to removal. —All officers not 
liable to impeachment shall be subject to removal for miscon¬ 
duct or malfeasance in office, in such manner as may be pro¬ 
vided by law- 

ARTICLE XIV. 

Counties. 

Sec. 1. The several counties of the Territory of Colorado, 
as they now exist, are hereby declared to be counties of the 

State. 


52 


CONSTITUTION OF COLORADO. 


Sec. 2. Removal of county seats. —The General Assembly 

shall have no power to remove the county seat of any county, 
but the removal of county seats shall be provided for by gen¬ 
eral law, and no county seat shall be removed unless a major¬ 
ity of the qualified electors of the county, voting on the propo¬ 
sition at a general election, vote therefor; and no such propo¬ 
sition shall be submitted oftener than once in four years, and 
no person shall vote on such proposition who shall not have 
resided in the county six months and in the election precinct 
ninety days next preceding such election. 

Sec. 3. Division of counties. —No part of the territory of 
any county shall be stricken off and added to an adjoining 
county, without first submitting the question to the qualified 
voters of the county from which the territory is proposed to be 
stricken off; nor unless a majority of all the qualified voters of 
said county voting on the question, shall vote therefor. 

Sec- 4. New counties. —In all cases of the establishment 
of any new county, the new county shall be held to pay its 
ratable proportion of all then existing liabilities, of the county 
or counties from which such new county shall be formed. 

Sec. 5. Debts.—When any part of a county is stricken off 
and attached to another county, the part stricken off shall be 
held to pay its ratable proportion of all then existing liaoilities 
of the county from which it is taken. 


County Officers. 

[Section 6 originally read: “In each county there shall be 
elected for the term of three years, three County Commissioners, 
who shall hold sessions for the transaction of county business 
as provided by law, any two of whom shall constitute a quorum 
for the transaction of business. One of said Commissioners 
shall be elected on the first Tuesday in October, eighteen hun¬ 
dred and seventy-six, and every year thereafter one such officer 
shall be elected in each county, at the general election, for the 
term of three years; Provided, That when the population of 
any county shall exceed ten thousand, the Board of County 
Commissioners may consist of five members, who shall be 
elected as provided by law, any three of whom shall constitute 
a quorum for the transaction of business.”] 


But Section 6 was amended November 4, 1902, to read as 
follows: 

Sec. 6. County commissioners. —In each county having a 
population of less than seventy thousand there shall be elected, 
for a term of four years each, three county commissioners, who 
shall hold sessions for the transaction of county business as 
provided by law; any two of whom shall constitute a quorum 
for the transaction of business. Two of said commissioners 
shall be elected at the general election in the year nineteen 
hundred and four, and at the general election every four years 
thereafter; and the other one of said commissioners shall be 
elected at the general election in the year nineteen hundred and 




CONSTITUTION OF COLORADO. 


53 


six, and at the general election every four years thereafter; 
Provided, That when the population of any county shall equal 
or exceed seventy thousand, the board of county commissioners 
may consist of five members, any three of whom shall consti¬ 
tute a quorum for the transaction of business. Three of said 
commissioners in said county shall be elected at the general 
election in the year nineteen hundred and four, and at the gen¬ 
eral election every four years thereafter; and the other two of 
said commissioners in such county shall be elected at the gen¬ 
eral election in the year nineteen hundred and six and every 
four years thereafter; and all of such commissioners shall be 
elected for the term of four years. The term of office of the 
county commissioners in each county that expires in January, 

1904, is hereby extended to the second Tuesday in January, A. D. 

1905, and the term of office of the county commissioners that 
expires in January, 1906, is hereby extended to the second Tues¬ 
day in January, A. D. 1907; and in counties having a population 
of more than seventy thousand, the term of office of the com¬ 
missioners that expires in 1904 shall be extended to the second 
Tuesday in January, 1905, and the term of office of the county 
commissioners that expires in 1906 is hereby extended to the 
second Tuesday in January, 1907. This section shall govern, 
except as hereinafter otherwise expressly directed or permitted 
by constitutional enactment. 

Sec. 7. Compensation. —The compensation of all county 
and precinct officers shall be as provided by law. 


[Section 8 originally read: “There shall be elected in each 
county, on the first Tuesday in October, in the year eighteen 
hundred and seventy-seven, and every alternate year forever 
thereafter, one county clerk, who shall be ex-officio Recorder 
of Deeds and Clerk of the Board of County Commissioners; one 
Sheriff; one Coroner; one Treasurer, who shall be collector of 
taxes; one County Superintendent of Schools; one County Sur¬ 
veyor; and one County Assessor.”] 


But Section 8 was amended November 4, 1902, to read as 
follows: 

Sec. 8. Other county officers. —There shall be elected in 
each county, at the same time at which members of the Gen¬ 
eral Assembly are elected, commencing in the year nineteen hun¬ 
dred and four, one county clerk, who shall be ex officio recorder 
of deeds and clerk of the board of County Commissioners; one 
Sheriff; one Coroner; one Treasurer, who shall be collector of 
taxes; one County Superintendent of Schools; one County Sur¬ 
veyor; one County Assessor; one County Attorney, who may be 
elected, or appointed, as shall be provided by law; and such 
officers shall be paid such salary or compensation, either from 
the fees, perquisites and emoluments of their respective offices, 
or from the general county fund, as may be provided by law- 
The term of office of all such officials that expire in January, 
1904, is hereby extended to the second Tuesday in January, A. 
D., 1905. This section shall govern, except as hereinafter other- 




64 


CONSTITUTION OF COLORADO, 


wise expressly directed or permitted by constitutional enact¬ 
ment. 

Sec. 9. Vacancy—How filled. —In case of a vacancy occurring 
in the office of County Commissioner, the Governor shall fill the 
same by appointment; and in case of a vacancy in any other 
county office, or in any precinct office, the board of County 
Commissioners shall fill the same by appointment; and the per¬ 
son appointed shall hold the office until the next general 
election, or until the vacancy be filled by election according to 
law. 

Sec. 10. Voter only eligible to office. —No person shall be 
eligible to any county office unless he shall be a qualified 
elector; nor unless he shall have resided in the county one year 
preceding his election. 


[Section 11 originally read: “There shall, at the first 
election at which county officers are chosen, and annually 
thereafter, be elected in each precinct, one Justice of the Peace, 
and one Constable, who shall each hold his office for the term 
of two years; Provided, That in precincts containing five thous¬ 
and or more inhabitants, the number of Justices and Constables 
may be increased as provided by law.”] 

But Section 11 was amended November 4, 1902, to read as 
follows: 

Sec* 11. There shall be elected at the same time at which 
members of the General Assembly are elected, beginning with 
the year nineteen hundred and four, two Justices of the Peace 
and two Constables in each precinct in each county, who shall 
hold their office for a term of two years; Provided, That, in 
precincts containing fifty thousand (50,000) or more inhabi¬ 
tants, the number of Justices and Constables may be increased 
as provided by law. The term of office of all Justices of the 
Peace that expires in January, 1904, is hereby extended to the 
second Tuesday in January, 1905. This section shall govern, 
except as hereinafter otherwise expressly directed or permitted 
by constitutional enactment. 

Sec 12. Other officers. —The General Assembly shall pro¬ 
vide for the election or appointment of such other county, 
township, precinct and municipal officers as public convenience 
may require; and their terms of office shall be as prescribed 
by law, not in any case to exceed two years. 

Sec. 13. Classification of cities and towns. —The General 
Assembly shall provide by general laws, for the organization 
and classification of cities and towns. The number of such 
classes shall not exceed four; and the powers of each class shall 
be defined by general laws, so that all municipal corporations of 
the same class shall possess the same powers and be subject 
to the same restrictions. 

Sec. 14. Incorporation of cities. —The General Asembly shall 
also make provision, by general law, whereby any city, town, or 
village, incorporated by any special or local law, may elect to 



CONSTITUTION OF COLORADO. 


55 


become subject to and be governed by the general law relating 
to such corporations. 

Sec. 15. Classification of counties. —For the purpose of 
providing for and regulating the compensation of county and 
precinct officers, the General Assembly, shall, by law classify 
the several counties of the State according to population, 
and shall grade and fix the compensation of the officers within 
the respective classes according to the population thereof. Such 
law shall establish scales of fees to be charged and collected by 
such of the county and precinct officers as may be designated 
therein, for services to be performed by them respectively and 
where salaries are provided, the same shall be payable only out 
of the fees actually collected in all cases where fees are pres- 
scribed- All fees, perquisites and emoluments above the amount 
of such salaries shall be paid into the county treasury. 

ARTICLE XV. 

Corporations. 

Sec. 1. Unused charters void* —All existing charters or 
grants of special or exclusive privileges, under which the cor¬ 
porators or grantees shall not have organized and commenced 
business in good faith at the time of the adoption of this Con¬ 
stitution, shall thereafter have no validity. 

Sec. 2. Charters. —No charter of incorporation shall be 
granted, extended, changed or amended by special law, except 
for such municipal, charitable, educational, penal or reforma¬ 
tory corporations as are or may be under the control of the 
State: but the General Assembly shall provide by general laws 
for the organization of corporations hereafter to be created. 

Sec. 3. Power to revoke charters. —The General Assembly 

shall have the power to alter, revoke or annul any charter of 
incorporation now existing and revocable at the adoption of 
this Constitution, or any that may hereafter be created, when¬ 
ever, in their opinion it may be injurious to the citizens of the 
State, in such manner, however, that no injustice shall be done 
to the corporators. 

Sec. 4. All railroads are common carriers. —All railroads 
shall be public highways, and all railroad companies shall be 
common carriers. Any association or corporation organized 
for the purpose, shall have the right to construct and operate 
a railroad between any designated points within this State, 
and to connect at the State line with railroads of other States 
and Territories. Every railroad company shall have the right 
with its road to intersect, connect with or cross any other rail¬ 
road. 

Sec. 5. Consolidation of competing railroads forbidden.— 
No railroad corporation, or the lessees or managers thereof, 
shall consolidate its stock, property or franchises with any 


56 


CONSTITUTION OF COLORADO. 


other railroad corporation owning or having under its control 
a parallel or competing line. 

Sec. 6. Equal rights to transportation. —All individuals, 

associations and corporations shall have equal rights to have 
persons and property transported over any railroad in this 
State, and no undue or unreasonable discrimination shall be 
made in charges or in facilities for transportation of freight or 
passengers within the State, and no railroad company, nor any 
lessee, manager or employe thereof, shall give any preference 
to individuals, associations or corporations in furnishing cars 
or motive power. 

Sec. 7. Railroads required to accept constitution.—No rail¬ 
road or other transportation company in existence at the tims 
of the adoption of this Constitution, shall have the benefit of 
any future legislation, without first filing in the office of the 
Secretary of State an acceptance of the provisions of this Con¬ 
stitution, in binding form. 

Sec. 8. Eminent domain. —The right of eminent domain 
shall never be abridged, nor so construed as to prevent the 
General Assembly from taking the property and franchises of 
incorporated companies, and subjecting them to public use, the 
same as the property of individuals; and the police power of 
the State shall never be abridged or so construed as to permit 
corporations to conduct their business in such manner as to 
infringe the equal rights of individuals or the general well¬ 
being of the State. 

Sec- 9. Fictitious stock forbidden. —No corporation shall 
issue stocks or bonds, except for labor done, service performed 
or money or property actually received, and all fictitious 
increase of stock or indebtedness shall be void. The stock of 
corporations shall not be increased except in pursuance of gen¬ 
eral law, nor without the consent of the persons holding a 
majority of the stock, first obtained at a meeting held after at 
least thirty days’ notice given in pursuance of law. 

Sec. 10. Foreign corporation must have agent.—No foreign 
corporation shall do any business in this State without having 
one or more known places of business, and an authorized 
agent or agents in the same, upon whom process may be 
served. 

Sec. 11. Street railways. —No street railroad shall be con¬ 
structed within any city, town or incorporated village, without 
the consent of the local authorities having the control of the 
street or highway proposed to be occupied by such street rail- 

Sec. 12. Retrospective laws forbidden- —The General 

other corporation, or any individual, or association of individ¬ 
uals, retrospective in its operations, or which imposes on the 


CONSTITUTION OF COLORADO. 


57 


people of any county or municipal subdivision of the State, a 
new liability in respect to transactions or considerations 
already past. 

Sec. 13. Telegraph lines. —Any association or corporation, 
or the lessees or managers thereof, organized for the purpose, 
or any individual, shall have the right to construct and main¬ 
tain lines of telegraph within this State, and to connect the 
same with other lines, and the General Assembly shall, by gen¬ 
eral law, of uniform operation, provide reasonable regulations 
to give full effect to this section. No telegraph company shall 
consolidate with, or hold a controlling interest in, the stock or 
bonds of any other telegraph company owning or having the 
control of a competing line, or acquire, by purchase or other¬ 
wise, any other competing line of telegraph. 

Sec. 14. Courts’ jurisdiction over railroad, etc. —If any 
railroad, telegraph, express or other corporation organized 
under any of the laws of this State, shall consolidate, by sale 
or otherwise, with any railroad, telegraph, express or other cor¬ 
poration organized under any laws of any other State or Ter¬ 
ritory, or of the United States, the same shall not thereby 
become a foreign corporation, but the courts of this State shall 
retain jurisdiction over that part of the corporate property 
within the limits of the State in all matters which may arise, 
as if said consolidation had not taken place. 

Sec. 15. Employees cannot release liability.—It shall be 

unlawful for any person, company or corporation to require of 
its servants or employes, as a condition of their employment 
or otherwise, any contract or agreement, whereby such person, 
company or corporation shall be released or dischaged from 
liability or responsibility on account of personal injuries 
received by such servants or employes while in the service of 
such person, company or corporation, by reason of the negli¬ 
gence of such person, company or corporation, or the agents or 
employes thereof, and such contracts shall be absolutely null 
and void. 

ARTICLE XYI. 

Mining and Irrigation. 

Mining. 

Sec. 1. Commissioner of mines. —There shall be established 
and maintained the office of Commissioner of Mines, the duties 
and salary of which shall be prescribed by law. When said 
office shall be established, the Governor shall, with the advice 
and consent of the Senate, appoint thereto a person known to 
be competent, whose term of office shall be four years. 

Sec. 2. Ventilation of mines and child labor. —The Gen¬ 
eral Assembly shall provide by law for the proper ventilation 
of mines, the construction of escapement shafts, and such other 


58 


CONSTITUTION OF COLORADO. 


appliances as may be necessary to protect the health and 
secure the safety of the workmen therein; and shall prohibit 
the employment in the mines of children under twelve years of 
age- 

Sec. 3. Drainage of mines. —The General Assembly may 

make such regulations, from time to time, as may be necessary 
for the proper equitable drainage of mines. 

Sec. 4. Science of mining may be taught. —The General 
Assembly may provide that the science of mining and metal¬ 
lurgy be taught in one or more of the institutions of learning 
under the patronage of the State. 

Irrigation. 

Sec. 5. Water, public property. —The water of every nat¬ 
ural stream, not heretofore appropriated, within the State of 
Colorado, is hereby declared to be the property of the public, 
and the same is dedicated to the use of the people of the State, 
subject to appropriation as hereinafter provided- 

Sec. 6. Unappropriated water —The right to divert the 

unappropriated waters of any natural stream to beneficial 
uses shall never be denied. Priority of appropriation shall 
give the better right as between those using the water 
for the same purpose; but when the waters of any natural 
stream are not sufficient for the service of all those desiring 
the use of the same, those using the water for domestic pur¬ 
poses shall have the preference over those claiming for any 
other purpose, and those using the water for agricultural pur¬ 
poses shall have preference over those using the same for 
manufacturing purposes. 

Sec. 7. Right of way for ditches. —All persons and corpor¬ 
ations shall have the right of way across public, private and 
corporate lands for the construction of ditches, canals and 
flumes, for the purpose of conveying water for domestic pur¬ 
poses, for the irrigation of agricultural lands, and for mining 
and manufacturing purposes, and for drainage, upon payment 
of just compensation. 

Sec. 8. Who may fix rate of water. —The General Assembly 
shall provide by law that the Board of County Commissioners, 
in their respective counties, shall have power, when application 
is made to them by either party interested, to establish rea¬ 
sonable maximum rates to be charged for the use of water, 
whether furnished by individuals or corporations. 

ARTICLE XVII. 

Militia. 

Sec. 1. Members of the militia. —The Militia of the State 
shall consist of all able-bodied male residents of the State, 
between the ages of eighteen and forty-five years; Except such 


CONSTITUTION OF COLORADO. 


69 


persons as may be exempted by the laws of the United States 
or of the State. 

Sec. 2. Original body of the militia. —The organization, 
equipment and discipline of the militia shall conform as nearly 
as practicable, to the regulations for the government of the 
armies of the United States. 

Sec* 3. Officers. —The Governor shall appoint all General 
Field and Staff Officers, and commission them. Each company 
shall elect its own officers, who shall be commissioned by the 
Governor; but if any company shall fail to elect such officers 
within the time prescribed by law, they may be appointed by 
the Governor. 

Sec. 4. Armories. —The General Assembly shall provide for 
the safe keeping of the public arms, military records, relics and 
banners of the State. 

Sec. 5. Exemption from service in time of peace. —No per¬ 
son having- conscientious scruples against bearing arms, shall 
be compelled to do militia duty in time of peace; Provided, Such 
person shall pay an equivalent for such exemption. 


Miscellaneous. 

Sec. 1. Homestead laws. —The General Assembly shall pass 
liberal homestead and exemption laws. 

Sec. 2. Lotteries forbidden. —The General Assembly shall 
have no power to authorize lotteries or gift enterprises for any 
purpose, and shall pass laws to prohibit the sale of lottery or 
gift enterprise tickets in this State. 

Sec. 3. Arbitration laws. —It shall be the duty of the Gen¬ 
eral Assembly to pass such laws as may be necessary and 
proper to decide difference by arbitrators, to be appointed by 
mutual agreement of the parties to any controversy, who may 
choose that mode of adjustment- The powers and duties of 
such arbitrators shall be as prescribed by law. 

Sec. 4. Felony defined. —The term felony, wherever it may 
occur in this Constitution, or the laws of the State, shall be 
construed to mean any criminal offense punishable by death or 
imprisonment in the penitentiary, and none other. 

Sec. 5. Spurious and drugged liquors. —The General 
Assembly shall prohibit by law the importation into this State, 
for the purpose of sale, of any spurious, poisonous or drugged 
spirituous liquors, or spirituous liquors adulterated with any 
poisonous or deleterious substance, mixture, or compound; and 
shall prohibit the compounding or manufacture within this State, 
except for chemical or mechanical purposes, of any of said 
liquors, whether they be denominated spirituous, vinous, malt 
or otherwise; and shall also prohibit the sale of any such, 
liquors to be used as a beverage, and any violation of either of 
said prohibitions shall be punished by fine and imprisonment. 


60 


CONSTITUTION OF COLORADO. 


The General Assembly shall provide by law for the condemna¬ 
tion and destruction of all spurious, poisonous or drugged 
liquors herein prohibited. 

Sec. 6. Preservation of forests. —The General Assembly 
shall enact laws in order to prevent the destruction of, and to keep 
in good preservation the forests upon the lands of the State, or 
upon the lands of the public domain, the control of which shall 
be conferred by Congress upon the State. 

Sec. 7. Orchard lands may be exempt from taxation. —The 
General Assembly may provide that the increase in the value 
of private lands caused by the planting of hedges, orchards, and 
forests thereon, shall not, for a limited time to be fixed by law, 
be taken into account in assessing such lands for taxation. 

Sec. 8. Promulgation of laws* —The General Assembly shall 

provide for the publication of the laws passed at each session 
thereof. And until the year 1900 they shall cause to be pub¬ 
lished in Spanish and German a sufficient number of copies 
of said Laws to supply that portion of the inhabitants of the 
State who speak those languages, and who may be unable to 
read and understand the English language. 

ARTICLE XIX. 

Amendments. 

Sec. 1. How to amend the constitution by convention.— 
The General Assembly may at any time, by a vote of two-thirds 
of the members elected to each House, recommend to the elect¬ 
ors of the State, to vote at the next general election for or 
against a convention to revise, alter, and amend this Consti¬ 
tution; and if a majority of those voting on the question shall 
declare in favor of such convention, the General Assembly shall, 
at its next session, provide for the calling thereof. The number 
of members of the Convention shall be twice that of the Senate, 
and they shall be elected in the same manner, at the same 
places, and in the same districts. The General Assembly shall, 
in the Act of calling the Convention designate the day, hour, 
and place of its meeting, fix the pay of its members and officers, 
and provide for the payment of the same, together with the 
necessary expenses of the Convention. Before proceeding, the 
members shall take an oath to support the Constitution of the 
United States, and of the State of Colorado, and to faithfully 
discharge their duties as members of the convention. The 
qualifications of members shall be the same as of members of 
the Senate; and vacancies occuring shall be filled in the man¬ 
ner provided for filling vacancies in the General Assembly. 
Said Convention shall meet within three months after such 
election, and prepare such revisions, alterations, or amend¬ 
ments to the Constitution as may be deemed necessary; which 
shall be submitted to the electors for their ratification or rejec¬ 
tion, at an election appointed by the Convention for that pur- 


CONSTITUTION OF COLORADO, 


61 


pose, not less than two nor more than six months after adjourn¬ 
ment thereof; and unless so submitted and approved by a 
majority of the electors voting at the election, no such revision, 
alteration, or amendment shall take effect. 


[Section 2 originally read: “Any amendment or amend¬ 
ments to this Constitution may be proposed in either House of 
the General Assembly, and if the same shall be voted for by 
two-thirds of all the members elected to each House, such pro. 
posed amendments, together with the ayes and noes of each 
House thereon, shall be entered in full on their respective jour¬ 
nals; and the Secretary of State shall cause the said amendment 
or amendments to be published in full in at least one newspaper 
in each county (if such there be) for three months previous to 
the next general election for members to the General Assembly: 
and at said election the said amendment or amendments shall 
be submitted to the qualified electors of the State for their 
approval or rejection, and such as are approved by a majority 
of those voting thereon shall become part of this Constitution! 
but the General Assembly shall have no power to propose 
amendments to more than one Article of this Constitution at 
the same session.”] 

But Section 2 was amended November 6, 1900, to read as 
follows: 

Sec. 2. Amendments may be submitted by the General 
Assembly. —Any amendment or amendments to this Constitution 
may be proposed in either House of the General Assembly, and 
if the same shall be voted for by two-thirds of all the members 
elected to each House, such proposed amendment or amend¬ 
ments, together with the ayes and noes of each House thereon, 
shall be entered in full on their respective journals; the pro¬ 
posed amendment or amendments shall be published with the 
laws of that session of the General Assembly, and the Secre¬ 
tary of State shall also cause the said amendment or amend¬ 
ments to be published in full in not more than one newspaper 
of general circulation in each county, for four successive weeks 
previous to the next general election for members to the Gen¬ 
eral Assembly; and at said election the said amendment or 
amendments shall be submitted to the qualified electors of the 
State for their approval or rejection, and such as are approved 
by a majority of those voting thereon shall become part of this 
Constitution. 

Provided, That if more than one amendment be submitted 
at any general election, each of said amendments shall be voted 
upon separately and votes thereon cast shall be separately 
counted the same as though but one amendment was submitted. 
Uut the General Assembly shall have no power to propose 
amendments to more than six articles of this Constitution at 
the same session. 

Article XX was added to the Constitution by amendment, 
November 4, 1902. 



62 


CONSTITUTION OF COLORADO. 


ARTICLE XX. 

City and County of Denver. Incorporation. 

Sec. 1. The municipal corporation known as the City of 
Denver, and all municipal corporations and that part of the 
quasi-municipal corporation known as the county of Arapahoe, 
in the State of Colorado, included within the exterior bounda¬ 
ries of the said City of Denver as the same shall be bounded 
when this amendment takes effect, are hereby consolidated and 
are hereby declared to be a single body politic and corporate, by 
the name of the “City and County of Denver.” By that name 
said corporation shall have perpetual succession, and shall own, 
possess and hold all property, real and personal, theretofore 
owned, possessed or held by the said City of Denver and by 
such included municipal corporations, and also all property, 
real and personal, theretofore owned, possessed or held by the 
said county of Arapahoe, and shall assume, manage and dis¬ 
pose of all trusts hi any way connected therewith; shall succeed 
to all the rights and liabilities, and shall acquire all benefits, 
and shall assume and pay all bonds, obligations and indebted¬ 
ness of said City of Denver and of said included municipal cor¬ 
porations and of the county of Arapahoe; by that name may 
sue and defend, plead and be impleaded, in all courts and places, 
and in all matters and proceedings; may have and use a com¬ 
mon seal and alter the same at pleasure; may purchase, receive, 
hold and enjoy, or sell and dispose of, real and personal prop¬ 
erty; may receive bequests, gifts and donations of all kinds of 
property, in fee simple, or in trust for public, charitable or other 
purposes; and do all things and acts necessary to carry out the 
purposes of such gifts, bequests and donations, with power to 
manage, sell, lease or otherwise dispose of the same in accord¬ 
ance with the terms of the gift, bequest or trust; shall have the 
power, within or without its territorial limits, to construct, con¬ 
demn and purchase, purchase, acquire, lease, add to, maintain, 
conduct and operate, water works, light plants, power plants, 
transportation systems, heating plants, and any other public 
utilities or works or ways local in use and extent, in whole or 
in part, and everything required therefore, for the use of said city 
and county and the inhabitants thereof, and any such systems, 
plants or works or ways, or any contracts in relation or con¬ 
nection with either, that may exist and which said city and 
county may desire to purchase, in whole or in part, the same 
or any part thereof may be purchased by said city and county 
which may enforce such purchase by proceedings at law as in 
taking land for public use by right of eminent domain, and shall 
have the power to issue bonds upon the vote of the taxpaying 
electors, at any special or general election, in any amount neces¬ 
sary to carry out any of said powers or purposes, as may by the 
charter be provided. 

The general annexation and consolidation statutes of the 
state shall apply to the city and county of Denver to the same 


CONSTITUTION OF COLORADO. 


63 


extent and in the same manner that they would apply to the 
City of Denver if it were not merged, as in this amendment 
provided, into the City and County of Denver. Any contiguous 
town, city or territory hereafter annexed to or consolidated with 
the City and County of Denver, under any of the laws of this 
State, in whatsoever county the same may be at the time, shall 
be detached per se from such other county and become a muni¬ 
cipal and territorial part of the City and County of Denver, 
together with all property thereunto belonging. 

The City and County of Denver shall alone always consti¬ 
tute one judicial district of the State. 

Officers. 

Sec. 2. The officers of the City and County of Denver shall 
be such as by appointment or election may be provided for by the 
charter; and the jurisdiction, term of office, duties and qualifi¬ 
cations of all such officers shall be such as in the charter may 
be provided; but every charter shall designate the officers who 
shall, respectively, perform the acts and duties required of 
county officers to be done by the Constitution or by the general 
law, as far as applicable. If any officer of said City and 
County of Denver shall receive any compensation whatever, 
he or she shall receive the same as a stated salary, the amount 
of which shall be fixed by the charter, and paid out of the treas¬ 
ury of the city and county of Denver in equal monthly pay¬ 
ments. 

Transfer of Government. 

Sec. 3. Immediately upon the canvass of the vote showing 
the adoption of this amendment, it shall be the duty of the 
Governor of the State to issue his proclamation accordingly, and 
thereupon the City of Denver, and all municipal corporations 
and that part of the County of Arapahoe within the boundaries 
of said City, shall merge into the City and County of Denver, 
and the terms of office of all officers of the City of Denver 
and of all included municipalities and of the County of Arapa¬ 
hoe shall terminate; except that the then Mayor, Auditor, Engin¬ 
eer, Council (which shall perform the duties of a Board of County 
Commissioners), Police Magistrate, Chief of Police and Boards, 
of the City of Denver shall become, respectively, said officers of 
the City and County of Denver, and said Engineer shall be ex 
officio Surveyor and said Chief of Police shall be ex officio 
Sheriff of the City and County of Denver; and the then Clerk 
and ex officio Recorder, Treasurer, Assessor and Coroner of the 
County of Arapahoe, and the Justices of the Peace and Consta¬ 
bles holding office within the City of Denver, shall become, 
respectively said officers of the City and County of Denver, 
and the District Attorney shall also be ex officio Attorney of 
the City and County of Denver. The foregoing officers shall 
hold the said offices as above specified only until their succes¬ 
sors are duly elected and qualified as herein provided for; except 


64 


CONSTITUTION OF COLORADO, 


that the then District Judge, County Judge and District Attorney 
shall serve their full terms, respectively, for which elected. 
The Police and Firemen of the City of Denver, except the Chief 
of Police as such, shall continue severally as the Police and 
Firemen of the City and County of Denver until they are sev¬ 
erally discharged under such civil service regulations as shall 
be provided by the charter; and every charter shall provide 
that the department of Fire and Police, and the Department of 
public utilities and works shall be under such civil service regu¬ 
lations as in said charter shall be provided. 

First Charter. 

Sec. 4. The charter and ordinances of the City 
of Denver, as the same shall exist when this amendment takes 
effect, shall, for the time being only, as far as applicable, be the 
charter and ordinances of the City and County of Denver; but 
the people of the City and County of Denver are hereby vested 
with, and they shall always have the exclusive power in the 
making, altering, revising or amending their charter, and 
within ten days after the proclamation of the Governor 
announcing the adoption of this amendment, the Council of 
the City and County of Denver shall, by ordinance, call a spec¬ 
ial election, to be conducted as provided by law, of the qualified 
electors in said City and County of Denver, for the election of 
twenty-one taxpayers, who shall have been qualified electors 
within the limits thereof for at least five years, who shall con¬ 
stitute a charter convention, to frame a charter for said City 
and County in harmony with this amendment- Immediately 
upon completion, the charter so framed, with a prefatory syn¬ 
opsis, shall be signed by the officers and members of the con¬ 
vention and delivered to the clerk of said City and County, who 
shall publish the same in full, with his official certification, 
in the official newspaper of said City and County, three times, 
and a week apart, the first publication being with the call for a 
special election, at which the qualified electors of said City and 
County shall by vote express their approval or rejection of the 
said charter. If the said charter shall be approved by a major¬ 
ity of those voting thereon, then two copies thereof (together 
with the vote for and against), duly certified by the said Clerk, 
shall, within ten days after such vote is taken, be filed with 
the Secretary of State, and shall thereupon become and be the 
charter of the City and County of Denver. But if the said 
charter be rejected, then, within thirty days thereafter, twenty- 
one members of a new charter convention shall be elected at a 
special election, to be called as above in said City and County, 
and they shall proceed as above to frame a charter, which shall 
in like manner and to the like end be published and submitted 
to a vote of said voters for their approval or rejection. If again 
rejected, the procedure herein designated shall be repeated 
(each special election for members of a new charter convention 
being within thirty days after each rejection), until a charter is 


CONSTITUTION OF COLORADO. 


65 


finally approved by a majority of those voting thereon, and 
certified (together with the vote for and against) to the Secre¬ 
tary of State as aforesaid, whereupon it shall become the 
charter of the said City and County of Denver, and shall become 
the organic law thereof, and supersede any existing charters 
and amendments thereof. The members of each of said charter 
conventions shall be elected at large; and they shall complete 
their labors within sixty days after their respective election. 

Every ordinance for a special election of charter conven¬ 
tion members shall fix the time and place where the convention 
shall be held, and shall specify the compensation, if any, to be paid 
to the officers and members thereof, allowing no compensation 
in case of non-attendance or tardy-attendance, and shall fix 
the time when the vote shall be taken on the proposed charter, 
to be not less than thirty days nor more than sixty days after 
its delivery to the clerk. The charter shall make proper pro¬ 
vision for continuing, amending or repealing the ordinances 
of the City and County of Denver. 

All expenses of charter conventions shall be paid out of the 
treasury upon the order of the President and Secretary thereof. 
The expenses of elections for charter conventions and of 
charter votes shall be paid out of the treasury, upon the order 
of the council. 

No franchise, relating to any street, alley or public place 
of the said City and County shall be granted except upon the 
vote of the qualified taxpaying electors, and the question of its 
being granted shall be submitted to such vote upon deposit with 
the treasurer of the expense (to be determined by said treas¬ 
urer) of such submission by the applicant for said franchise. 
The Council shall have power to fix the rate of taxation on 
property each year for City and County purposes. 

New Charters. Amendments of Measures. 

Sec. 5. The citizens of the City and County of Denver shall 
have the exclusive power to amend their charter or to adopt 
a new charter, or to adopt any measure as herein provided: 

It shall be competent for qualified electors, in number not 
less than five per cent, of the next preceding gubernatiorial vote 
in said City and County, to petition the Council for any 
measure, or charter amendment, or for a charter convention. 
The Council shall submit the same to a vote of the qualified 
electors at the next general election, not held within thirty 
days after such petition is filed; whenever such petition is 
signed by qualified electors in number not less than ten per 
cent, of the next preceding gubernatorial vote in said City and 
County, with a request for a special election, the Council shall 
submit it at a special election, to be held not less than thirty 
nor more than sixty days from the date of filing the petition; 
Provided, That any question so submitted at a special election 
shall not again be submitted at a special election within two 
years thereafter. In submitting any such charter, charter 


66 


CONSTITUTION OF COLORADO. 


amendment or measure, any alternative article or proposition 
may be presented for the choice of the voters, and may be voted 
on separately without prejudice to others. Whenever the ques¬ 
tion of a charter convention is carried by a majority of those 
voting thereon, a charter convention shall be called through a 
special election ordinance, as provided in section four (4) 
hereof, and the same shall be constituted and held and the pro¬ 
posed charter submitted to a vote of the qualified electors, 
approved or rejected, and all expenses paid, as in said section 
provided. 

The Clerk of the City and County shall publish, with his 
official certification for three times, a week apart, in the offic¬ 
ial newspaper, the first publication to be with his call for the 
election, general or special, the full text of any charter, charter 
amendment, measure or proposal for a charter convention, or 
alternative article or proposition, which is to be submitted to 
the voters. Within ten days following the vote the said Clerk 
shall publish once in said newspaper the full text of any char¬ 
ter, charter amendment, measure, or proposal for a charter 
convention, or alternative article or proposition, which shall 
have been approved by a majority of those voting thereon, and 
he shall file with the Secretary of State two copies thereof 
(with the vote for and against) officially certified by him, and 
the same shall go into effect from the date of such filing. He 
shall also certify to the Secretary of State, with the vote for 
and against, two copies of every defeated alternative article or 
proposition, charter, charter amendment, measure or proposal 
for a charter convention. Each charter shall also provide for 
a reference, under proper petition therefor, of measures passed 
by the council to a vote of the qualified electors, and for the 
initiative by the qualified electors of such ordinances as they 
may by petition request. 

The signatures to petitions in this amendment men¬ 
tioned need not all be on one paper. Nothing herein or else¬ 
where shall prevent the council, if it sees fit, from adopting 
automatic vote registers for use at elections and references. 

No charter, charter amendment, or measure adopted or 
defeated under the provisions of this amendment shall be 
amended, repealed or revived, except by petition and electoral 
vote. And no such charter, charter amendment or measure 
shall diminish the tax rate for state purposes fixed by act of 
the General Assembly, or interfere in any wise with the col¬ 
lection of state taxes. 

Cities of the First and Second Class. 


[Section 6 originally read as follows: “Cities of the first 
and second class in this State are hereby empowered to pro¬ 
pose for submission to a vote of the qualified electors, pro¬ 
posals for charter conventions and to hold the same, and to 
amend any such charter, with the same force and in the 
same manner and have the same power, as near as may be, 



CONSTITUTION OF COLORADO. 


67 


as set out in sections four (4) and five (5) hereof, with full 
power as to real and personal property and public utilities, 
works or ways, as set out in section one (1) of this amend¬ 
ment.”] 

But November, 1912, Section 6 was amended to read as 
follows: 

Section 6. The people of each city or town in this State, 
having a population of two thousand inhabitants as deter¬ 
mined by the last preceding census taken under the author¬ 
ity of the United States, the State of Colorado or said city or 
town, are hereby vested with, and they shall always have, 
power to make, amend, add to or replace the charter of said 
city or town, which shall be its organic law and extend to 
all its local and municipal matters. 

Such charter and the ordinances made pursuant thereto 
in such matters shall supersede within the territorial limits 
and other jurisdiction of said city or town any law of the 
State in conflict therewith. 

Proposals for cnarter conventions shall be submitted by 
the city council or board of trustees, or other body in which 
the legislative powers of the city or town shall then be vest¬ 
ed, at special elections, or at general state or municipal elec¬ 
tions, upon petitions filed by qualified electors,, all in reason¬ 
able conformity with Section 5 of this article, and all proceed¬ 
ings thereon or thereafter shall be in reasonable conformity 
with Sections 4 and 5 of this article. 

From and after the certifying to and filing with the Sec¬ 
retary of State of a charter framed and approved in reason¬ 
able conformity with the provisions of this article, such city 
or town, and the citizens thereof, shall have the powers set 
out in Sections 1, 4 and 5 of this article, and all other powers 
necessary, requisite or proper for the government and ad¬ 
ministration of its local and municipal matters, including 
power to legislate upon, provide, regulate, conduct and con¬ 
trol: 

a. The creation and terms of municipal offices, agencies 
and employments; the definition, regulation and alteration of 
the powers, duties, qualifications and terms or tenure of all 
municipal officers, agents and employes; 

b. The creation of police courts; the definition and regu¬ 
lation of the jurisdiction, powers and duties thereof, and the 
election or appointment of police magistrates therefor; 

c. The creation of municipal courts; the definition and 
regulation of the jurisdiction, powers and duties thereof, and 
the election or appointment of the officers thereof; 

d. All matters pertaining to municipal elections in such 
city or town, and to electoral votes therein on measures sub¬ 
mitted under the charter or ordinances thereof, including 
the calling or notice and the date of such election or vote, 
the registration of voters, nominations, nomination and elec¬ 
tion systems, judges and clerks of election, the form of bal- 


68 


CONSTITUTION OF COLORADO. 


lots, balloting, challenging, canvassing, certifying the result, 
securing the purity of elections, guarding against abuses of 
the elective franchise, and tending to make such elections or 
electoral votes non-partisan in character; 

e. The issuance, refunding and liquidation of all kinds 
of municipal obligations, including bonds and other obliga¬ 
tions of park, water and local improvement districts; 

f. The consolidation and management of park or water 
districts in such cities or towns or within the jurisdiction 
thereof; but no such consolidation shall be effective until ap¬ 
proved by the vote of a majority, in each district to be con¬ 
solidated, of the qualified electors voting therein upon the 
question; 

g. The assessment of property in such city or town for 
municipal taxation and the levy and collection of taxes there¬ 
on for municipal purposes and special assessments for local 
improvements; such assessment, levy and collection of taxes 
and special assessments to be made by municipal officials or 
by the county or state officials as may be provided by the 
charter; 

h. The imposition, enforcement and collection of fines 
and penalties for the violation of any of the provisions of the 
charter, or of any ordinance adopted in pursuance of the 
charter. 

It is the intention of this article to grant and confirm to 
the people of all municipalities coming within its provisions 
the full right of self-government in both local and municipal 
matters and the enumeration herein of certain powers shall 
not be construed to deny to such cities and towns, and to the 
people thereof, any right or power essential or proper to the 
full exercise of such right. 

The statutes of the State of Colorado, so far as applicable, 
shall continue to apply to such cities and towns, except in so 
far as superseded by the charters of such cities and towns or 
by ordinance passed pursuant to such charters. 

All provisions of the charters of the City and County of 
Denver and the Cities of Pueblo, Colorado Springs and Grand 
Junction, as heretofore certified to and filed with the Secre¬ 
tary of State, and of the charter of any other city heretofore 
approved by a majority of those voting thereon and certified 
to and filed with the Secretary of State, which provisions 
are not in conflict with this article, and all elections and 
electoral votes heretofore had under and pursuant thereto, 
are hereby ratified, affirmed and validated as of their date. 

Any act in violation of the provisions of such charter or 
of any ordinance thereunder shall be criminal and punish¬ 
able as such when so provided by any statute now or here¬ 
after in force. 

The provisions of this section 6 shall apply to the City 
and County of Denver. 

This article shall be in all respects self-executing. 


CONSTITUTION OF COLORADO. 


69 


School Districts Consolidated. 

Sec. 7. The City and County of Denver shall alone always 
constitute one school district, to be known as District No. 1, 
but its conduct, affairs and business shall be in the hands of 
a Board of Education consisting of such numbers, elected in 
such manner as the general school laws of the State shall pro¬ 
vide, and until the first election under said laws of a full Board 
of Education, which shall be had at the first election held after 
the adoption of this amendment, all the directors of school dis¬ 
trict No. 1 and the respective presidents of the School Boards 
of school districts Nos. 2, 7, 17 and 21 at the time this amend¬ 
ment takes effect, shall act as such Board of Education, and all 
districts or special charters now existing are hereby abolished. 

The said Board of Education shall perform all the acts and 
duties required to be performed for said district by the general 
laws of the State. Except as inconsistent with this amendment, 
the general school laws of the State shall, unless the context 
evinces a contrary intent, be held to extend and apply to the 
said “District No. 1.” 

Upon the annexation of any contiguous municipality which 
shall include a school district or districts, or any part of a dis¬ 
trict, said school district or districts or part shall be merged in 
said “District No. 1,” which shall then own all the property 
thereof, real and personal, located within the boundaries of such 
annexed municipality, and shall assume and pay all the bonds, 
obligations and indebtedness of each of the said included school 
districts, and a proper proportion of those of partially included 
districts. 

Provided, however, That the indebtedness, both principal 
and interest, which any school district may be under at the 
time when it becomes a part, by this amendment or by annex¬ 
ation, of said “District No. 1,” shall be paid by said school dis¬ 
trict so owning the same by special tax, to be fixed and certified 
by the Board of Education to the council, which shall levy the 
same upon the property within the boundaries of such district, 
respectively, as the same existed at the time such district 
becomes a part of said “District No. 1," and in case of partially 
included districts, such tax shall be equitably apportioned upon 
the several parts thereof. 

Sec. 8. Anything in the Constitution of this State in con¬ 
flict or inconsistent with the provisions of this amendment is 
hereby declared to be inapplicable to the matters and things 
by this amendment covered and provided for. 

Article XXI was adopted In November, 1912. 

ARTICLE XXI. 

Recall from Office. 

Section 1. Every elective public officer of the state of 


70 


CONSTITUTION OF COLORADO. 


Colorado may be recalled from office at any time by the elect¬ 
ors entitled to vote for a successor of such incumbent through 
the procedure and in the manner herein provided for, which 
procedure shall be known as the Recall, and shall be in ad¬ 
dition to and without excluding any other method of removal 
provided by law. 

The procedure hereunder to effect the recall of an elect¬ 
ive public officer shall be as follows: 

A petition signed by electors entitled to vote for a suc¬ 
cessor of the incumbent sought to be recalled equal in num¬ 
ber to twenty-five per centum of the entire vote cast at the 
last preceding election for all candidates for the position 
which the incumbent sought to be recalled occupies, demand¬ 
ing an election of the successor to the officer named in said 
petition, shall be filed in the office in which petitions for 
nominations to office held by the incumbent sought to be re¬ 
called are required to be filed; Provided, if more than one 
person is required by law to be elected to fill the office of 
which the person sought to be recalled is an incumbent, then 
the said petition shall be signed by electors entitled to vote 
for a successor to the incumbent sought to be recalled equal 
in number to twenty-five per centum of the entire vote cast 
at the last preceding general election for all candidates for 
the office, to which the incumbent sought to be recalled was 
elected as one of the officers thereof, said entire vote being 
divided by the number of all officers elected to such office, 
at the last preceding general election; and such petition shall 
contain a general statement, in not more than two hundred 
words, of the ground or grounds on which such recall is 
sought, which statement is intended for the information of 
the electors, and the electors shall be the sole and exclusive 
judges of the legality, reasonableness and sufficiency of such 
ground or grounds assigned for such recall, and said ground 
or grounds shall not be open to review. 

Section 2. Any recall petition may be circulated and 
signed in sections, provided each section shall contain a full 
and accurate copy of the title and text of the petition; and 
such recall petition shall be filed in the office in which peti¬ 
tions for nominations to office held by the incumbent sought 
to be recalled are required to be filed. 

The signatures to such recall petition need not all be on 
one sheet of paper, but each signer must add to his signature 
the date of his signing said petition, and his place of resi¬ 
dence, giving his street number, if any, should he reside in 
a town or city. The person circulating such sheet must make 
and subscribe an oath on said sheet that the signatures there¬ 
on are genuine, and a false oath, wilfully so made and sub¬ 
scribed, by such person, shall be perjury and be punished as 
such. All petitions shall be deemed and held to be sufficient 
if they appear to be signed by the requisite number of sign¬ 
ers, and such signers shall be deemed and held to be quali- 


CONSTITUTION OF COLORADO. 


71 


fled electors, unless a protest in writing under oath shall be 
filed in the office in which such petition has been filed, by 
some qualified elector, within fifteen days after such petition 
is filed, setting forth specifically the grounds of such protest, 
whereupon the officer with whom such petition is filed shall 
forthwith mail a copy of such protest to the person or per¬ 
sons named in such petition as representing the signers there¬ 
of, together with a notice fixing a time for hearing such pro¬ 
test not less than five nor more than ten days after such no¬ 
tice is mailed. All hearings shall be before the officer with 
whom such protest is filed, and all testimony shall be under 
oath. Such hearings shall be summary and not subject to 
delay, and must be concluded within thirty days after such 
petition is filed, and the result thereof shall be forthwith 
certified to the person or persons representing the signers of 
such petition. In case the petition is not sufficient it may 
be withdrawn by the person or a majority of the persons 
representing the signers of such petition, and may, within 
fifteen days thereafter, be amended and refiled as an original 
petition. The finding as to the sufficiency of any petition 
may be reviewed by any state court of general jurisdiction in 
the county in which such petition is filed, upon application of 
the person or a majority of the persons representing the 
signers of such petition, but such review shall be had and 
determined forthwith. The sufficiency, or the determination 
of the sufficiency, of the petition referred to in this section 
shall not be held, or construed, to refer to the ground or 
grounds assigned in such petition for the recall of the in* 
cumbent sought to be recalled from office thereby. 

When such petition is sufficient, the officer with whom 
such recall petition was filed, shall forthwith submit said pe¬ 
tition, together with a certificate of its sufficiency to the Gov¬ 
ernor, who shall thereupon order and fix the date for holding 
the election not less than thirty days nor more than sixty 
days from the date of submission of said petition: Provided, 
if a general election is to be held within ninety days after the 
date of submission of said petition, the recall election shall 
be held as part of said general election. 

Section 3. If such officer shall offer his resignation, it 
shall be accepted, and the vacancy caused by such resigna¬ 
tion, or from any other cause, shall be filled as provided by 
law; but the person appointed to fill such vacancy shall hold 
his office only until the person elected at the recall election 
shall qualify. If such officer shall not resign within five days 
after the sufficiency of the recall petition shall have been sus¬ 
tained, the Governor shall make or cause to be made publica¬ 
tion of notice for the holding of such election, and officers 
charged by law with duties concerning elections shall 
make all arrangements for such election, and the same shall 
be conducted, returned and the result thereof declared in all 
respects as in the case of general elections. 


72 


CONSTITUTION OF COLORADO. 


On the official ballot at such election shall be printed in 
not more than 200 words, the reasons set forth in the petition 
for demanding his recall, and in not more than three hundred 
words there shall also be printed, if desired by him, the offi¬ 
cer’s justification of his course in office. If such officer shall 
resign at any time subsequent to the filing thereof, the re¬ 
call election shall be called notwithstanding such resigna¬ 
tion. 

There shall be printed on the official ballot, as to every 
officer whose recall is to be voted on, the words, “Shall 
(name of person against whom the recall petition is filed) be 
recalled from the office of (title of the office)?” Following 
such question shall be the words “Yes” and “No,” on sepa¬ 
rate lines, with a blank space at the right of each, in which 
the voter shall indicate, by marking a cross (X), his vote 
for or against such recall. 

On such ballots, under each question, there shall also be 
printed the names of those persons who have been nominated 
as candidates to succeed the person sought to be recalled; 
but no vote cast shall be counted for any candidate for such 
office, unless the voter also voted for or against the recall of 
such person sought to be recalled from said office. The name 
of the person against whom the petition is filed shall not ap¬ 
pear on the ballot as a candidate for the office. 

If a majority of those voting on said question of the re¬ 
call of any incumbent from office shall vote “no,” said in¬ 
cumbent shall continue in said office; if a majority shall vote 
“yes,” such incumbent shall thereupon be deemed removed 
from such office upon the qualification of his successor. 

If the vote had in such recall electons shall recall the 
officer then the candidate who has received the highest num¬ 
ber of votes for the office thereby vacated shall be declared 
elected for the remainder of the term, and a certificate of 
election shall be forthwith issued to him by the canvassing 
board. In case the person who received the highest number 
of votes shall fail to qualify within fifteen days after the is¬ 
suance of a certificate of election, the office shall be deemed 
vacant, and shall be filled according to law. 

Candidates for the office may be nominated by petition, 
as now provided by law, which petition shall be filed in the 
office in which petitions for nomination to office are required 
by law to be filed not less than fifteen days before such recall 
election. 

Section 4. No recall petition shall be circulated or filed 
against any officer until he has actually held his office for at 
least six months, save and except it may be filed against any 
member of the state legislature at any time after five days 
from the convening and organizing of the legislature after his 
election. 

After one recall petition and election no further petition 
shall be filed against the same officer during the term for 


CONSTITUTION OF COLORADO. 


73 


which he was elected, unless the petitioners signing said pe¬ 
tition shall equal fifty per centum of the votes cast at the last 
preceding general election for all of the candidates for the 
office held by such officer as herein above defined. 

If at any recall election the incumbent whose recall is 
Bought is not recalled, he shall be repaid from the State treas¬ 
ury any money authorized by law and actually expended by 
him as expenses of such election; and the legislature shall 
provide appropriations for such purpose. 

If the Governor is sought to be recalled under the provi¬ 
sions of this article, the duties herein imposed upon him shall 
be performed by the Lieutenant Governor; and if the Secre¬ 
tary of State is sought to be recalled, the duties herein im¬ 
posed upon him, shall be performed by the State Auditor. 

The recall may also be exercised by the electors of each 
county, city and county, city and town of the State, with ref¬ 
erence to the elective oflicers thereof, under such procedure 
as shall be provided by law. 

Until otherwise provided by law, the legislative body of 
any such county, city and county, city and town may provide 
for the manner of exercising such recall powers in such coun¬ 
ties, cities and counties, cities and towns, but shall not re¬ 
quire any such recall petition to be signed by electors more 
in number than twenty-five per centum of the entire vote cast 
at the last preceding election, as in Section 1 hereof more 
particularly set forth for all the candidates for office which 
the incumbent sought to be recalled occupies, as herein above 
defined. 

Every person having authority to exercise or exercising 
any public or governmental duty, power or function, shall be 
an elective officer, or one appointed, drawn or designated in 
accordance with law by an elective officer or officers, or by 
some board, commission, person or persons legally appointed 
by an elective officer or officers, each of which said elective 
officers shall be subject to the recall provisions of this Con¬ 
stitution; provided that, subject to regulation by law, any 
person may, without compensation therefor, file petitions, or 
complaints in courts concerning crimes, or do police duty only 
in cases of immediate danger to person or property. 

Nothing herein contained shall be construed as affecting 
or limiting the present or future powers of cities and counties, 
or cities having charters adopted under the authority given 
by the Constitution, except as in the last three preceding 
paragraphs expressed. 

In the submission to the electors of any petition propos¬ 
ed under this Article, all officers shall be guided by the Gen¬ 
eral Laws of the State, except as otherwise herein provided. 

This Article is self executing, but legislation may be en¬ 
acted to facilitate its operations, but in no way limiting or re¬ 
stricting the provisions of this Article, or the powers herein 
reserved. 


74 


CONSTITUTION OF COLORADO. 


ARTICLE XXII 

Intoxicating Liquors. 

From and after the first day of January, 1916, no person, 
association or corporation shall, within this state, manufac¬ 
ture for sale or gift any intoxicating liquors; and no person, 
association or corporation shall import into this state any 
intoxicating liquors for sale or gift; and no person, associa¬ 
tion, or corporation shall, within this state, sell or keep for 
sale any intoxicating liquors or offer any intoxicating liquors 
for sale, barter or trade; Provided, however, That the hand¬ 
ling of intoxicating liquors for medical or sacramental pur¬ 
poses may be provided for by statute. 


ARTICLE XXIII 


Publication of Legal Advertising 


Section 1. Legal advertising.—“Proposed constitutional 
amendments and proposed initiated and referred bills shall be 
published in two issues of two newspapers of opposite political 
faith in each county in the state. This publication shall be 
made at least one week apart and not less than three nor 
more than five weeks before the election at which the said 
amendments or initiated or referred bills are to be voted 
upon.” 

[Adopted by vote of the people November 5, 1918.] 

SCHEDULE 


Section 

1. All laws remain till repealed. 

2. Contracts—Recognizances— 

Indictments. 

3. Territorial property vests in 
state. 

4. Duty of general assembly. 

5. Supreme and district courts— 

Transition. 

6. Judges—District attorneys— 

Terms commence on filing 
oath. 

7. Seals of supreme and district 

courts. 

8. Probate court—County court. 

9. Terms probate court, probate 

judge, apply to county court, 
county judge. 

10. County and precinct officers. 


Section 

11. Vacancies in county offices. 

12. Constitution takes effect on 

president’s proclamation. 

13. First election, contest. 

14. First election—Canvass. 

15. Senators—Representatives— 

District. 

16. Congressional election—Can¬ 

vass. 

17. General assembly, first session 

—Restrictions removed. 

18. First General election—Can¬ 

vass. 

19. Presidential electors 1876. 

20. Presidential electors after 1876. 

21. Expenses of Convention. 

22. Recognizances, bonds, payable 

to people continue. 


That no inconvenience may arise by reason of the change 
in the form of government, it is hereby ordered and declared: 

Section 1. All laws remain till repealed_That all laws 

in force at the adoption of this constitution shall, so far as 
not inconsistent therewith, remain of the same force as if 
this constitution had not been adopted, until they expire by 


CONSTITUTION OF COLORADO. 


75 


their own limitation or are altered or repealed by the general 
assembly; all rights, actions, prosecutions, claims and con¬ 
tracts of the territory of Colorado, counties, individuals or 
bodies corporate (not inconsistent therewith) shall continue 
as if the form of government had not been changed and this 
constitution adopted. 

Sec. 2. Contracts—Recognizances—Indictments. —That all 
recognizances, obligations and all other instruments entered 
into or executed before the admission of the state, to the ter¬ 
ritory of Colorado, or to any county, school district or other 
municipality therein, or any officer thereof, and all fines, 
taxes, penalties and forfeitures due or owing to the territory 
of Colorado, or any such county, school district or munici¬ 
pality, or officer; and all writs, prosecutions, actions and causes 
of action, except as herein otherwise provided, shall continue 
and remain unaffected by the change of the form of govern¬ 
ment. All indictments which shall have been found, or may 
hereafter be found, and all informations which shall have 
been filed, or may hereafter be filed, for any crime or offense 
committed before this constitution takes effect, mjay be pro¬ 
ceeded upon as if no change had taken place, except as other¬ 
wise provided in the constitution. 

Sec. 3. Territorial property vests in state _That all 

property, real and personal, and all moneys, credits, claims 
and choses in action, belonging to the territory of Colorado at 
the adoption of this constitution, shall be vested in and be¬ 
come the property of the state of Colorado. 

Sec. 4. Duty of general assembly. —The general assem¬ 
bly shall pass all laws necessary to carry into effect the 
provisions of this constitution. 

Sec. 5. Supreme and district courts—Transition. —When/ 
ever any two of the judges of the supreme court of the state 
elected or appointed under the provisions of this constitution 
shall have qualified in their office, the causes theretofore 
pending in the supreme court of the territory, and the papers, 
records and proceedings of said court, and the seal and other 
property pertaining thereto, shall pass into the jurisdiction 
and possession of the supreme court of the state; and until 
so superseded the supreme court of the territory and the 
judges thereof shall continue with like powers aud jurisdic¬ 
tion as if this constitution had not been adopted. Whenever 
the judges of the district court of any district elected or ap¬ 
pointed under the provisions of this constitution, shall have 
qualified in his office, the several causes theretofore pending 
in the district court of the territory, within any county in such 
district, and the records, papers and proceedings of said dis¬ 
trict court, and the seal and other property pertaining thereto 
shall pass into the jurisdiction and possession of the district 
court of the state, for such county, and until the district 
courts of the territory shall be superseded in manner afore¬ 
said, the said district courts and the judges thereof shall con* 


76 


CONSTITUTION OF COLORADO. 


tinue with the same jurisdiction and powers to be exercised 
in the same judicial districts respectively as heretofore con¬ 
stituted under the laws of the territory. 

Sec. 6. Judges—District attorneys—Terms commence on 

filing oath _The terms of office of the several judges of the 

supreme and district courts and the district attorneys of the 
several judicial districts first elected under this constitution, 
shall commence from the day of filing their respective oaths 
of office in the office of the secretary of state. 

Sec. 7. Seals of supreme and district courts _Until oth¬ 

erwise provided by law, the seals now in use in the supreme 
and district courts of this territory are hereby declared to be 
the seals of the supreme and district courts respectively of 
the state. 

Sec. 8. Probate court—County court. —Whenever this 
constitution shall go into effect, the books, records, papers 
and proceedings of the probate court in each county, and all 
causes and matters of administration pending therein, shall 
pass into the jurisdiction and possession of the county court 
of the same county, and the said county court shall proceed 
to final decree or judgment, order or other determination, in 
the said several matters and causes, as the said probate court 
might have done if this constitution had not been adopted. 
And until the election of the county judges provided for in 
this constitution, the probate judges shall act as judges of 
the county courts within their respective counties, and the 
seal of the probate court in each county shall be the seal of 
the county court therein until the said court shall have pro¬ 
cured a proper seal. 

Sec. 9. Terms probate court, probate judge, apply to 
county court, county judge. —The terms “Probate Court” or 
“Probate Judge,’’ whenever occurring in the statutes of Colo¬ 
rado territory, shall, after the adoption of this constitution, 
be held to apply to the county court or county judge, and all 
laws specially applicable to the probate court in any county, 
shall be construed to apply to and be in force as to the county 
court in the same county, until repealed. 

Sec. 10. County and precinct officers —All county and 
precinct officers, who may be in office at the time of the adop¬ 
tion of this constitution, shall hold their respective office for 
the full time for which they may have been elected, and until 
such time as their successors may be elected and 
qualified in accordance with the provision of this constitution, 
and the official bonds of all such officers shall continue in full 
force and effect as though this constitution had not been 
adopted. 

Sec. 11. Vacancies in county offices _All county offices 

that may become vacant during the year eighteen hundred 
and seventy-six by the expiration of the term of the persona 
elected to said offices, shall be filled at the general election 
on the first Tuesday in October in the year eighteen hundred 


CONSTITUTION OF COLORADO. 


77 


and seventy-six, and, except county commissioners, the per¬ 
sons so elected shall hold their respective offices for the term 
of one year. 

Sec. 12. Constitution takes effect on president's procla¬ 
mation —The provisions of this constitution shall be in force 
from the day on which the president of the United States 
shall issue his proclamation declaring the state of Colorado 
admitted into the Union; and the governor, secretary, treas¬ 
urer, auditor and superintendent of public instruction of the 
territory of Colorado shall continue to discharge the duties of 
their respective offices after the admission of the state into 
the Union, until the qualification of the officers elected or ap¬ 
pointed under the state government; and said officers, for the 
time they may serve, shall receive the same compensation as 
the state officers shall by law be paid for like services. 

Sec. 13. First election, contest. —In case of a contest of 
election between candidates, at the first general election 
under this constitution, for judges of the supreme, district 
or county courts, or district attorneys, the evidence shall be 
taken in the manner prescribed by territorial law; and the 
testimony so taken shall be certified to the secretary of 
state, and said officer, together with the governor and attor¬ 
ney-general, shall review the testimony and determine who 
is entitled to the certificate of election. 

Sec. 14. First election—Canvass The votes at the first 

general election under this constitution for the several officers 
provided for in this constitution who are to be elected at the 
first election shall be canvassed in the manner prescribed by 
the territorial law for canvassing votes for like offices. The 
votes cast for the judges of the supreme and district courts 
and district attorneys shall be canvassed by the county can¬ 
vassing board in the manner prescribed by the territorial law 
for canvassing the votes for members of the general assembly; 
and the county clerk shall transmit the abstracts of votes to 
the secretary of the territory acting as secretary of state, 
under the same regulations as are prescribed by law for send¬ 
ing the abstract of votes for territorial offices; and the afore¬ 
said acting secretary of state, auditor, treasurer, or any two of 
them, in the presence of the governor, shall proceed to canvass 
the votes, under the regulations of sections thirty-five and 
thirty-six of chapter twenty-eight of the Revised Statutes of 
Colorado Territory. 

Sec. 15. Senators—Representatives—Districts —Senators 
and members of the house of representatives shall be chosen 
by the qualified electors of the several senatorial and repre¬ 
sentative districts as established in this constitution until 
such districts shall be changed by law; and thereafter by the 
qualified electors of the several districts as the same shall be 
established by law. 

Sec. 16. Congressional election—Canvass The votes 

cast for representatives in congress at the first election held 
under this constitution shall be canvassed and the result de- 


78 


CONSTITUTION OF COLORADO. 


termined in the mann*? provided by the laws of the territory 
for the canvass of votes ror delegate in congress. 

Sec. 17. Geseral assembly, first session—Restrictions re¬ 
moved. —The provision of the constitution that no bill, except 
the general appropriation bill introduced in either house after 
the first twenty-five days of the session shall become law, 
shall not apply to the first session of the general assembly; 
but no bill introduced in either house at the first session of 
the general assembly after the first fifty days thereof shall 
become a law. 

Sec. 18. First general election—Canvass —A copy of the 
abstracts of the votes cast at the first general election held 
under the constitution shall by the county clerks of the several 
counties be returned to the secretary of the territory imme¬ 
diately after the canvass of said votes in their several coun¬ 
ties; and the secretary, auditor and treasurer of the terri¬ 
tory, or any two of them, shall on the twenty-fifth day after 
the election, meet at the seat of government and proceed to 
canvass the votes cast for members of the general assembly 
and determine the results thereof. 

Sec. 19. Presidential electors, 1876 _The general assem¬ 

bly shall, at their first session, immediately after the organ¬ 
ization of the two houses and after the canvass of the votes 
for officers of the executive department, and before proceed¬ 
ing to other business, provide by act or joint resloution for 
the appointment by said general assembly of electors in the 
electoral college, and such joint resolution or the bill for such 
enactment may be passed without being printed or referred to 
any committee, or read on more than one day in either house, 
and shall take effect immediately after the concurrence of 
the two houses therein, and the approval of the governor 
thereto shall not be necessary. 

Sec. 20. Presidential electors after 1876. —The general 
assembly shall provide that after the year eighteen 
hundred and seventy-six the electors of the electoral college 
shall be chosen by direct vote of the people. 

Sec. 21. Expenses of convention _The general assembly 

shall have power at their first session to provide for the pay¬ 
ment of the expenses of this convention if any there be then 
remaining unpaid. 

Sec. 22. Recognizances, bonds, payable to people con¬ 
tinue _All recognizances, bail bonds, official bonds and other 

obligations or undertakings, which have been, or at any time 
before the admission of the state shall be made or entered 
into, and expressed to be payable to the people of the territory 
of Colorado, shall continue in full force notwithstanding the 
change in the form of government, and any breach thereof, 
whenever occurring, may after the admission of the state be 
prosecuted, in the name of the people of the state. 


INDEX 


A 

ACCUSED, ART. SEC. 

cannot be made to testify against himself. 2 18 

not to be twice in jeopardy. 2 18 

right of, to bail. 2 19 

right to have counsel. 2 17 

rights of in criminal cases. 2 16 

ACTS—of legislature take effect in ninety days. 5 19 

ADJOURNMENT, 

of legislature by governor when. 4 10 

neither house adjourn for over three days. 5 15 

ALIENS, 

property rights of. 2 27 

AMENDMENTS, 

to bill, to be read. 5 22 

to constitution, how adopted. 19 2 

APPEALS, 

can be taken when. 6 23 

APPROPRIATION, 

all money drawn on. 5 33 

no claim paid without. 5 28 

not to exceed tax, except. 10 16 

to private institutions forbidden... 5 34 

APPROPRIATION BILLS, 

contain but one subject. 5 32 

general, shall embrace what.. 5 32 

ARBITRATION, 

legislature to pass laws concerning. 18 3 

ARMS, 

right of people to bear. 2 13 

ASSEMBLE, 

right to, given to people. 2 24 
























80 


INDEX. 


ATTAINDER, ART. SEC. 

no bill of, shall be passed. 2 9 

ATTORNEY GENERAL, . 4 

AUDITOR OF STATE, . 4 3 

B 

BALLOT, . 7 8 

C 

CANVASS, 

of votes for state officers. 4 3 

for members of legislature. 6 2 

CHIEF JUSTICE, 

who shall be . 6 8 

CITIES, 

how classified . 14 13 

incorporation of, provided for. 14 14 

levy their own tax. 10 7 

may hold charter conventions. 20 6 

not to be released from tax. 10 8 

police courts in . 6 26 

shall not pledge credit . 11 1 

water supply, debt for . 11 8 

COMMISSION FORM OF GOVERNMENT_ 20 6 

COMMISSIONER OF MINES, . 16 1 

COMMON CARRIERS, 

railroads declared to be . 15 4 

CONSTITUTION, 

amendments to, how adopted. 19 2 

CONTESTED ELECTION, 

ballots may be examined in. 7 8 

for executive office, tried by legislature. 4 3 

where tried . 7 12 

witness at, must give testimony. 7 9 

COUNTIES, 

classified for fee purposes. 14 15 

debt of, how created . 11 6 

maximum .. 11 6 

officers of . 14 8 





























INDEX. 


81 


COUNTY COMMISSIONERS, ART. SEC. 

compensation of . 14 7 

election of . 14 6 

qualifications of . 14 10 

term of . 14 6 

vacancies in, how filled. 14 9 

COUNTY SUPERINTENDENT OF SCHOOLS, 

qualifications and term of office. 9 6 

COUNTY SURVEYOR, . 9 6 

COUNTY TREASURER, 

collect and disburse school funds. 9 4 

investigation of affairs of office of. 12 5 

COURTS, COUNTY, 

appeal from . 6 23 

vacancy in, how filled . 14 9 

jurisdiction of . 6 23 

DISTRICT, 

judges of, qualifications of. 6 16 

salary .. 5 30 

term of . 6 12 

jurisdiction of . 6 11 

SUPREME, 

departments of . 6 5 

original jurisdiction of . 6 3 

personnel of . 6 5 

D 

DEBT, . 11 

DISTRICT ATTORNEY, 

election and qualification of. 6 21 

term of office. 6 21 

vacancy filled by district judge. 6 29 

E 

ELECTION . 7 

EXECUTIVE DEPARTMENT . 4 

EX POST FACTO LAWS, 

not to be passed. 2 H 




























82 


INDEX. 


G 

GENERAL ASSEMBLY, ART. SEC. 

acts of, when take effect. 5 19 

cannot change seat of government. 8 2 

cannot grant irrevocable franchise. 2 11 

cannot pass ex posto facto law. 2 11 

extra sessiors . 4 9 

vacancies in, how filled. 5 2 

GOVERNOR, 

bills presented to for signature. 4 11 

commander of militia . 4 5 

fill vacancies, in office. 4 6 

in case of vacancy who succeeds. 4 15 

lieutenant governor act as when. 4 13 

term of office . 4 1 

veto power of . 4 11 

H 

HABEAS CORPUS, 

writ of, not to be suspended, except.. 2 21 

IMPEACHMENT, I 

who is liable to . 13 7 

who is not subject to. 13 2 

INITIATIVE . 5 1 

INTOXICATING LIQUORS . 22 

J 

JUSTICE OF THE PEACE, 

election of . 14 n 

jurisdiction of . 6 25 

L 

LIEUTENANT GOVERNOR, 

acts as governor when. 4 13 

chosen by the people. 4 3 

LOCAL LAWS, 

when forbidden . 5 25 

M 


MINES 


16 


























INDEX. 


83 


OFFICERS, 0 

county enumeration of.. 

of militia, how chosen. 

salaries of, how determined. 


ART. SEC. 


14 8 

17 3 

4 19 


QUORUM, 


in board of county commissioners. 14 4 

in either house, a majority. 5 11 


R 


RECALL FROM OFFICE. 21 1 

RECALL OF DECISIONS. 6 1 

REFERENDUM . 5 1 

RELIGIOUS, 

freedom insured . 2 4 

tests not required. 9 3 

RESIDENCE, 

for eligibility to county office. 14 10 

for eligibility to state office. 4 4 

of voter, state, etc. 7 1 

place of, how determined. 7 4 


S 


SALARY, 


not to be increased during term. 4 19 

of district judge. 5 30 

of governor. 5 30 

of officers, how established. 4 19 

of supreme justices. 5 30 

SCHOOL FUND, 

state, of what to consist. 9 5 

state treasurer custodian of. 9 3 

to remain intact. 9 3 

county how disbursed. 9 4 

SECRETARY OF STATE. 4 

SHERIFF, 

when elected .... 14 8 



























84 


INDEX. 


STATE INSTITUTIONS, 

legislature makes laws for. 8 6 

may be established. 8 1 

territorial institutions become . 8 5 

under control of state. 8 6 

SUPERINTENDENT OF PUBLIC INSTRUCTION, 

acts as state librarian. 4 

* chosen by the people . 4 

member of state land board. 9 

president, board of education. 9 

qualifications of . 4 

term of office . 4 

T 

TAXES, ART. SEC. 

churches, etc., exempt from. 10 16 

cities and counties, levy their own. 10 7 

exemptions . 10 3 

maximum rate of . 10 11 

TERMS OF OFFICE, 

not to be extended. 5 30 

of county commissioners . 14 6 

of county judges . 6 22 

of county officers . 14 8 

of district attorneys. 6 21 

of district judges —.. 6 12 

of executive officers . 4 1 

of justice of peace . 4 11 

of legislative officers . 6 3 

of supreme justices . 0 7 

TREASON, 

defined . 2 9 

conviction of . 2 9 

legislature cannot attaint for. 2 9 

V 

VACANCIES, 

in, county commissioners . 14 9 

county judge . 0 29 

county officers . 14 9 

district attorney . 6 29 

district judge . . 6 29 

executive department, how filled. 4 6 

governor. 4 13 

lieutenant governor . 4 14 

supreme justice . 6 29 






































INDEX. 


85 


W 

WATER, 

in streams, dedicated to public. 16 6 

priority of right . 16 6 

rate to be charged for. 16 8 

rights to use, not to be denied. 16 6 

WOMEN, 

legislature may grant, right to vote. 7 2 

may hold school offices. 7 1 

WOMAN SUFFRAGE . 7 2 


THE BRADFORD PUB. CO. 













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